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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
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Experience:  Over 20 years experience
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A couple of months ago construction work started right next to my rented flat an

Resolved Question:

Hello,
A couple of months ago construction work started right next to my rented flat and I feel like it seriously affects my living conditions and my privacy, because the sight is approximately 10-15 feet away and I can clearly see the workers when I look out of the window and they can see me too. Moreover, the construction sight blocks the view and it is pretty much all I could see for the past few months. I wonder if you think there is any chance I could negotiate a discount on my rent based on this complaint? And what kind of a discount can I expect or ask for?
When I had the flat viewing there was sight of any construction sight and I have not been informed that there were any plans for construction work in such close proximity. Unfortunately, I do not remember exactly when it started, I would say April or May and I moved into my current flat in March.
Thank you,
Kate
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
How long is the tenancy for and what has the landlord said?
Customer: replied 1 year ago.
The tenancy is for 18 months, and I payed for the first 6 months when I signed the tenancy agreement. It have not spoken the landlord about it yet because I wanted to see how realistic it is to get a discount on my rent in this case.
Expert:  Thomas Judge replied 1 year ago.
You are entitled to quiet enjoyment of the property. However, the breach needs to be considered substantial for you to be entitled to compensation. Disturbances of a temporary nature have not been regarded as actionable and the covenant does not extend to matters of privacy. For example, in Browne v Flower (1911) there was no breach despite the erection of a staircase overlooking the dwelling. Further the covenant only extends to the landlord and not thus the tenant. This would not prevent you from seeking either a discount or composition by way of negotiation - but it would not be something you would want to take him to court over, as it is very unlikely that you would succeed.Please remember to rate positively.
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 32885
Experience: Over 20 years experience
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