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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am renting a property with my wife and one year old baby.

Resolved Question:

I am renting a property with my wife and one year old baby. Its a building in London with 8 floors and I am on 5 th.
Our lift has broken down since end of March. It is a daily inconvenience for us taking our 15 month old and the pram up and down 5 floors every day to drop him to and pick up from the nursery. Plus any weekend plans need to be made considering this drill as well – but we can’t keep him locked indoors. Grocery deliveries are a nightmare too. To top this, we had to carry our suitcases and our baby and the pram while leaving for and coming back from our Easter holiday.
We have notified the managing agents who are talking to property managers.
Is there a way we can get refund for our rent or get rent reduced. Is there a law around this? I know its not landlord's fault but we are suffering.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How long has it been broken for?
What does the Landlord say?
Alex
Customer: replied 2 years ago.
Hi, thanks for getting back.
The lift has been broken since 27 March. The managing agent on behalf of the landlord says "With regards ***** ***** general upkeep of the property please be advised that this relates to issues within the demise of the property. The lift falls out of this so your landlord is not obligated to compensate you."
Please let me know if you need any more information.
Thanks.
Expert:  Ash replied 2 years ago.
The Landlord is responsible for all of the property. Generally this would not include outside the property but there is an argument to be had that he is also liable in part for the lift.
Clearly if you bring a claim against the Landlord, then the right thing is the Landlord should take action against his Landlord. That is how contract works.
You need to write and set out your losses and request compensation/reduction within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
But you must not in any way reduce your rent without the landlords authorisation or going to Court, that is very important.
Can I clarify anything for you about this today please?
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.