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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi, Can our landlors increase the rent without double glazing

Customer Question

Hi,
Can our landlors increase the rent without double glazing thw windows(even though she promised to do so a year ago)? thanks
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.
Thanks for your question. Please kindly RATE my answer when you are satisfied

  1. Has your fixed tenancy period expired please?
  2. If so have you agreed a new tenancy or is that what you are presently doing?
  3. Is the insulation for the property inadequate in your view?
Customer: replied 3 years ago.


1.yes,contract expired in jan 2013


2.we are peresently doing


3.yes,totally,when we moved (jan 2012) we were promised that the windows will get fixed asap.


 


thanks

Expert:  Joshua replied 3 years ago.
Thanks. The matter of rent is a matter of negotiation between you and the landlord. If yu canot agree the landlord can either evict you or serve you a s13 notice notifying you of a rent increase and giving you the opportunity to either agree or for it to be referred to a rent tribunal who will fix the rent for one year. The double glazing is not directly relevant to the rent figure.

However that is not to say that the double glazig is not an issue. The landlord has duties under statutory legislation. The Environmental Protection Act 1990 provides that the Landlord has a duty of care to provide adequate and safe conditions in their properties and the Housing Act 2004 introduced the Housing Health and Safety Rating System which shifted assessment towards health and safety impact. Each council is responsible for developing its own policy but most have a substantive list of requirements that address mould, damp and so on. There is a useful guide to the same here: http://www.communities.gov.uk/documents/housing/pdf/142631.pdf. There are also provisions for the safety of electrical installations

The Landlord and Tenant Act 1985 places an implied term in every tenancy that the landlord must keep in repair the structure, sanitary installations and exterior of the property. However this does not cover design faults, only a lack of repair - this is provided for in a decision handed down in Quick v Taff Ely BC.

 

 

Landlords can therefore be held liable if they have failed to provide a safe and healthy environment for their tenants. You can use or threaten to use the HHSRS (as above) and ask the environmental department at the local council to carry out a health and safety assessment of the property. They have the power to serve improvement notices on the landlord to remedy any areas which do not come up to standard. The service is free so you have little to lose.However consider that the landlord can give you two onths notice to quit the property if you do not have the benefit of protection of a fixed tenacy contact at present.

 

I hope the above is of some assistance. If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me.

 

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