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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5380
Experience:  Solicitor
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I signed a tenancy agreement that states that I cannot make

Resolved Question:

Hi,I signed a tenancy agreement that states that I cannot make a claim against property owner unless such claim is covered by their insurance.I'm of the opinion that this clause in the tenancy agreement restricts my rights to seek remedy where property owners renovations have caused extreme inconvenience and restricted my use of the property during the day.But I need a legal opinion on this.Clause I'm referring to below:"46. Other claims
Unless it is covered by insurance, you cannot claim against us for compensation for:
any damage our agents, workmen or other staff cause;
a fault in any pipes, staircase or anything in the premises or building;
anything which any caretaker in the building does or does not do;
any inconvenience you suffer when we carry out work to the premises or the building (including work to premises next door or buildings we own nearby), such as decorating or carrying out repairs or alterations; or
any effect that the lift has on your TV or other electrical equipment."
Submitted: 29 days ago.
Category: Law
Expert:  Jamie-Law replied 29 days ago.

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

What is it you want to claim for?

Customer: replied 29 days ago.
Renovation works in apartment below cause a lot of dust and air pollution in my apartment as contractors for property owner did not erect dust sheets to stop dust entering my apartment. Contractors also failed effectively to reduce dust pollution by dampening dust.Claiming for:
- Air purifier
- Reduced use of my apartment (I was not able to be in apartment during the daytime when renovations were taking place)
- Cost of daily having to clean apartment
- Reduction in rent by 50% for duration of renovation works.But first I need to establish if that clause in tenancy agreement is valid?
I feel that it violates by right to seek redress where legal remedies exist.
Expert:  Jamie-Law replied 29 days ago.

How much are you seeking to claim?

Customer: replied 29 days ago.
163;2090
Expert:  Jamie-Law replied 29 days ago.

Thanks. I think you have an argument saying the terms are unfair

You could certainly argue this. Your claim would be a small claim which means that its quite informal and goes before a Judge in a hearing room, rather than open Court.

They can pretty much do what they want. I am sure they will be sympathetic and probably find for you.

So yes, I think you have an arguable claim

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Customer: replied 29 days ago.
When you say terms are unfair, are they still valid / enforceable?"They can pretty much do what they want. I am sure they will be sympathetic and probably find for you."
>> I assume you're referring to the Judge?
Expert:  Jamie-Law replied 29 days ago.

Yes that was referring to a Judge.

They can be enforced yes, if the Judge considers it fair. Or no, if unfair

Does that clarify?

Customer: replied 29 days ago.
Thanks for clarification Jamie.
Expert:  Jamie-Law replied 29 days ago.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the bottom of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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