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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10403
Experience:  Barrister 17 years experience
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Tenancy Problem. I am renting a shared house with 2 others.

Resolved Question:

Tenancy Problem.
I am renting a shared house with 2 others. I pay £550 per month
I have signed my tenancy agreement singularly, although it states the full rent of £1650 per month.
The letting agents sent an email stating the following:
I would like to do some alterations in the first floor back bedroom and am providing you with a notice as per Condition 18/19 of your tenancy agreement entitled "Access for Inspections and Repairs".
The work is expected to take 14 working days and will not impact any of the occupied bedrooms, toilet, or shower room. The builder will be putting up a new ceiling cover in the back part of the kitchen which will take 1 to 2 days as part of the alterations in the First Floor Back Bedroom.
In order to compensate the tenants for any disruption I would like to offer them a 50% rent reduction during the time of the works.
1. the 1st floor back bedroom 'repairs' were in fact an extension of the bedroom outwards over the kitchen/diner below.
2. The small ground floor bedroom was then also made bigger by making the main bathroom smaller, which is next to it.
3. With steel braces to hold the 1st floor up, which my own bedroom was above, they removed the wall between the ground floor front bedroom and bathroom and a put a steel RSJ going right through from front ground floor bedroom, through the actual shower cubicle to the back bedroom, the toilet was removed. In other words no functioning bathroom, let along privacy.
4. Building supplies left in walkways and kitchen/diner.
5. Another lock added to the front door without any of the tenants being informed, resulting in my having to stay overnight in a travel lodge.
6. When I enquired how much reduction in rent this would now be, the exact figure I was emailed by was a reduction of £130.
7. Work started Dec 2nd, still going on over Christmas.
8. I have full photographic evidence.
One of my housemates has complained and asked to be released from the tenancy and deposit returned in full. The landlord agreed to this.
I have also asked the landlord to release me from the tenancy agreement, which he has refused without a reason.
I want to be released from this tenancy without being penalized or pursued for further rent.
What can I do?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. In all tenancy agreements, there is an implied covenant of quiet and peaceable enjoyment of the rented premises. This covenant applies to your tenancy and has been breached by the carrying out of works to your building and the removal of any toilet where you can go to the bathroom.
Expert:  Buachaill replied 1 year ago.
2. The breach of this covenant of quite and peaceable enjoyment gives you a right to repudiate the letting agreement and to bring it to an end. So you should write back to the landlord and set out clearly that the covenant of quiet and peaceable enjoyment has been breached and that you are repudiating the tenancy agreement on this basis. Seek the return of your deposit and take the landlord to court if he refuses to return the monies.
Expert:  Buachaill replied 1 year ago.
3. Additionally, you should seek compensation for loss and damage to cover the costs of the night in a motel, and other loss and inconvenience you have suffered. If necessary, should the landlord be difficult, get a solicitor to write a letter on your behalf.
Customer: replied 1 year ago.
Has the landlord also breached the contract by having major renovation done to the property under the guise of 'Repairs'
Expert:  Buachaill replied 1 year ago.
4. Of course, the landlord has breached the contract by having major renovation works carried out under the guise of repairs. That is both blatant and obvious. However, that would not of itself entitle you to repudiate the entire agreement. However, breach of the covenant to quiet and peaceable enjoyment of the premises does allow you to repudiate the agreement and bring it to an end.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10403
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I have emailed my letting agent, stating your previous answers, after being away over the new year the letting agent has emailed me the following: 'The landlord is still not in agreement to release you from the tenancy however if you choose to leave they will advertise the room and try to re-let it on your behalf to limit your loss'
They are also asking for Dec and January rent, which I have not paid due this dispute.
What can I do now? I really am not comfortable or trust this landlord.
Can I just move out handing the keys back to the letting agent and see the landlord in court if they persue me?
Customer: replied 1 year ago.
Here are some pictures of when the work was being carried out

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