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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 32980
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.
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