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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71147
Experience:  Over 5 years in practice
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Hi - I am a tenant in London. I have been living here for five

Customer Question

Hi - I am a tenant in London. I have been living here for five months. For the last two months (since 8th July) i have lived with the smell of raw sewage in my room because a contractor who came to fix the toilet dislodged or broke the seal between the water trap and the waste pipe. I have complained to the property managers by email. In reply they 'assured' me it was being dealt with. After one month (in this time I am sharing my housemates bathroom facilities) nothing had been done so I called in an Environmental Health officer who agreed that the situation was completely unacceptable. He has been in contact with me twice since to ask how progress has been and I tell him each time that nothing has been done about it. I now want to move out and would like to know if I am able to forego the usual one months notice as a result of my inconvenience.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

I am very sorry but you cannot relate this issue to your notice in this way.

Of course, it is unacceptable and something should be done about it which EH will enforce if necessary.

That doesn't mean that you can leave without notice unless, of course, EH are agreed that your life is literally in immediate danger.

What you cannot do is leave without notice to punish him for failing to put this in order.

That is not to say that you do not have a claim for disrepair against the landlord but that is a different point.

I am sorry if this is bad news.

Can I clarify anything for you?

Customer: replied 4 years ago.
Thanks. Not great news, true, but nothing I wasn't really expecting given the protection we little people are usually given. Is there any way of reducing the bill for services I have paid for but not received due to the poor maintenance by the landlord? I'm thinking an 'en-suite' bathroom is costing me more per month than not having an en suite bathroom ...
Expert:  Jo C. replied 4 years ago.
It depends what you mean by services? Probably not though. The remedy for this is to pursue a disrepair claim. You might be able to negotiate a reduction in rent with the landlord and, in fact, that is what a disrepair claim amounts to essentially.