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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is it legal landlord to seal my windows in heavy plastic

Customer Question

Is it legal for my landlord to seal my windows in heavy plastic as part of the building renovations? I have a top floor flat in London and scaffoldng has been placed on the building for building works, there is not only heavy plastic on the outside of the scaffolding, but my flat's windows are all sealed with blue tape and heavy plastic sheeting as well - allowing for no air circulation and little light.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Do you rent?
Customer: replied 1 year ago.

Yes.

Customer: replied 1 year ago.

Yes,

Expert:  Ash replied 1 year ago.
Ok. Did you know there would be scaffold?
Customer: replied 1 year ago.

No

Expert:  Ash replied 1 year ago.
Ok. Whilst it is legal assuming you can get out through the main door, you should consider complaining to the council. They will come and risk assess the property to make sure it complies with their fire regulations.
However you may be entitled to compensation for loss of enjoyment and full use.
Can I clarify anything for you about this today please?
Alex..
Customer: replied 1 year ago.

Thank you ..

Further, when you say 'may be entitle to compensation for loss of enjoyment and full use' ..... would that be at the discretion of our landlord (who claims he did not know it was happening, though all the other owners in the building knew).

Or is there actually a legal provision for this somewhere ... where? how?

Many thanks

Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund 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 refund you 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.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

Thank you very much.

In my case I probably won't go to court (too busy and stressed :)) and my contract ends at the end of October so I will be moving anyway.

But with the threat of court my landlord may offer compensation - so is there any information that you could pass on that would make them realize they have something to lose .... perhaps something more than my claim for a refund?

Expert:  Ash replied 1 year ago.
Refund ie compensate
Does that help?
Alex
Customer: replied 1 year ago.

Yes, I should ask for a refund/compensation, and if they don't want to, I will suggest that I file the N1 AND call the council..... which they probably would not want to deal with .... have I got it?

Many thanks for your speedy response!

Kind regards,

Pamela.

Expert:  Ash replied 1 year ago.
Council first and if no luck then n1
Alex
Ash and 2 other Property Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already 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
Customer: replied 1 year ago.

Alex, I've been trying to ask a follow up - are you available today, Sunday?

Expert:  Ash replied 1 year ago.
Yes on and off.
Alex
Customer: replied 1 year ago.

Hello, may we address my problem now?

Expert:  Ash replied 1 year ago.
Yes.
Customer: replied 1 year ago.

Oh hi, keep missing you ... still there?

Customer: replied 1 year ago.

Oh hi, keep missing you ... still there? My internet connection is poor, perhaps I should take up the phone call offer. Are you in London and available for that?

Expert:  Ash replied 1 year ago.
I am based in the West Midlands but yes available for a call
ALex
Customer: replied 1 year ago.

Hello Alex, It's so loud here from the drillers outside my window - and I'm better typing, so let's try.

I am leaving my rental before the end of the month - contract ends at the end of the month.

I have not paid sep and oct rent - owing about 7500 pounds, but I have a deposit of 6500 pounds. So I owe the owner a net of about 1000 pounds.

I want him to offer me a discount of 1000 pounds so that I don't have to pay anything - this is because of the lack of enjoyment of the place due to drillers outside my window, windows sealed in plastic, no air, no light, no view, all for 3 months.

Expert:  Ash replied 1 year ago.
Yes that seems fair in my view,
Alex.
Customer: replied 1 year ago.

So how do I go about doing it?

I will not have a disagreement that the full deposit can be paid to him and he has sent me legal papers for my non-payment.

Expert:  Ash replied 1 year ago.
You write and set out your position. You can authorise the release of the deposit.

Alex

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