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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I am a private tenant and I have a question about the laws

Resolved Question:

I am a private tenant and I have a question about the laws of private tenancy after something has been recently highlighted to me by the council
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

What is your question please?

Customer: replied 1 year ago.
I have been a private tenant in a building for the last two years. It has been highlighted to me by the council that this building has never received any completion certificates necessary in order for the building to be inhabited.The full email that I have received is below - however my questions are 1. Does this actually break the law? 2. What laws does this break? 3. Do I have a case to bring this as a law suit to claim any money? I am in the middle of writing a letter to inform the letting agent of this and if necessary contact the Ombudsman. At no point have I been told that these completion certificates are not in placeFULL EMAIL RECEIVED:In relation to the occupation of the Apartments , Building consultancy have carried out Inspections per the standard regime as and when required(Based upon the DCLG Building control Performance Standards document) .Following a site inspection it was evident that the apartments were occupied but the builder /Developer failed to notify Building controlI would assume the letting agency should have looked into this to ensure all certification was in place before letting the property, occupation prior to approval would be at the occupants own risk and the builder/developer and letting agent should have informed you of this.It would be expected that the Developer /Builder would normally seek to complete and get certification prior to letting and it is noted in the key changes on statutory Notifications states that the person carrying out the work must inform the Local Authority
•Before Starting Work
•When the work is Complete or OccupiedAt present we are still awaiting confirmation of several items and all the relevant certification certificates before any completion certificates can be issued .
Customer: replied 1 year ago.
When can I expect an answer to this question please?
Expert:  propertylawyer replied 1 year ago.

Apologies I have been abroad and experienced connection issues. This is a little outside my expertise and will opt out to allow another expert to assist you.

Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please?

Customer: replied 1 year ago.
I don't understand what you mean by what I want to achieve?
I want to know if what I have told you is against the law in any way so that I can bring this up formally with the estate agents and if necessary the ombudsman
As I have outlined no completion certificates have ever been issued by the council for the building I am occupying - I have already copied and pasted the full response I received from the council - is this breaking the law??
Expert:  Jamie-Law replied 1 year ago.

1. Does this actually break the law? Yes

2. What laws does this break? It is an offence under Building Act 1984

3. Do I have a case to bring this as a law suit to claim any money? Only if you have suffered a loss. If you have not suffered a loss then you have no claim.

A court only awards money to put you back into the position you would have been in, should this not have occurred. So, if for example, you had been in an accident and the damage was £1000 - this would be your loss.

However here, if there has been a breach but you personally have not suffered any loss, there will be no claim

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Thank you for clarifying. So even though it breaks the law does that not mean it is an offence for me to be living in the building with health and safety etc and that I cannot claim my rent back?
Expert:  Jamie-Law replied 1 year ago.

Correct, because you have not suffered a loss.

Unless you were injured or suffered harm as a result, you are not entitled to compensation

I am sorry if that is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you at all?

Customer: replied 1 year ago.
there is nothing and no one that the landlord company have to answer to even though they have broken the law? I find this disappointing as the landlords in question are a joke and really need to be highlighted to someone but thank you for your help with this
Expert:  Jamie-Law replied 1 year ago.

It would be for the Council to prosecute this offence.

You can not as you are the tenant and have no regulatory power to do so.

But speak with the Council - they may be able to progress this for you

Does that clarify?

Customer: replied 1 year ago.
thank you for your help. It is much appreciated
Expert:  Jamie-Law replied 1 year ago.

Im just sorry it's not better news, but at least you know where you stand.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Customer: replied 1 year ago.
that's fine. How do I do that?
Expert:  Jamie-Law replied 1 year ago.

Just click on the 5 stars or happy face. Thanks!

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5038
Experience: Solicitor
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