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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 12208
Experience:  Dual qualified Solicitor and Attorney
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We have recently asked our landlord for compensation as we

Customer Question

Hi, we have recently asked our landlord for compensation as we had no hot water for two weeks and because of the disruption/inconvenience this caused. We initially asked for a days rent back for every day without hot water (approximately £700), however she has only offered us £200 purely for the inconvenience.Since we've moved in (end of January 2022), we've had two additional breakdowns with the boiler. The engineer advised on both occasions the boiler needed to be replaced due to the age and condition. We were also informed that she was recommended to replace the boiler last summer but didn't do anything about it. Therefore, we feel this could have been avoided if she did more when the boiler broke down previously. She also states in her email that 'neither has there been an event in which has rendered the flat inhabitable'. Is this correct considering we had no hot water for 2 weeks?We are therefore looking for advice on what would be considered reasonable compensation. Are we in our right to ask for more than the £200 she is offering and if so what is the best way to word it.Thanks
Tom
Submitted: 10 days ago.
Category: Law
Jeremy Aldermartin
Expert:  Jeremy Aldermartin replied 10 days ago.
Hi thank you for your message I will look to assist
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Expert:  Jeremy Aldermartin replied 10 days ago.
It would be deemed uninhabitable without hot water but unless the council came in and made that determination technically it hasn’t been deemed uninhabitable. I would suggest £400 compensation ie double what she is offering but less than what you asked for initially. I trust this assists
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Customer: replied 10 days ago.
What is the best way to go about this then? Under the Fitness for Human Habitation) Act, a house or flat is deemed inhabitable le is whether there is a problem with the supply of hot and cold water, or whether there is an issue with drainage and lavatories. Also, if a tenant is unable to prepare food, cook food or wash up after dining, the house may be uninhabitable.
Customer: replied 10 days ago.
Why £400?
Expert:  Jeremy Aldermartin replied 10 days ago.
I know how it works. I am saying £400 because it seems a sensible compromise. The alternative is you spend at least £300 in court fees to take it to court plus legal fees on top if you have a solicitor and it takes 4-6 months before it gets to a hearing and you maybe get a few hundred pounds in compensation along the lines I have already suggested. I trust this assists
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Customer: replied 10 days ago.
understood Jeremy
Customer: replied 10 days ago.
if she is not willing to meet us at £400
Customer: replied 10 days ago.
What would you recommend?
Expert:  Jeremy Aldermartin replied 10 days ago.
If she won’t meet you there then I recommend taking what she is offering it will save you a lot of hassle and time. I trust this assists
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Customer: replied 10 days ago.
Jeremy, tenants need to fight for their rights, it sounds like you are on the landlords side?
Expert:  Jeremy Aldermartin replied 10 days ago.
I am on your side because I am advising you but I’m also being pragmatic if you want to fight for your rights regardless go for it but you need to understand it’s likely to be months before you see any Money and even then you will get nominal compensation of a few hundred pounds. I trust this assists
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Customer: replied 10 days ago.
I see you're perspective. Interesting. How would you draft a response back, in wording of asking to meet at £400? Hoping to get your best legal advice so we can sort
Customer: replied 10 days ago.
we can sort with the landlord
Expert:  Jeremy Aldermartin replied 10 days ago.
Well I Would say wording to the effect you believe £700 is reasonable but prepared to compromise at £400 however if they are not prepared to be reasonable you will take it to court and they will end up paying your costs of doing so on top of any compensation ordered. I trust this assists
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Customer: replied 10 days ago.
Thanks Jeremy,What do you think of this below:Hi XThe return of £200 though is not enough. Under the Fitness for Human Habitation) Act, a house or flat is deemed inhabitable le is whether there is a problem with the supply of hot and cold water, or whether there is an issue with drainage and lavatories In the case of our flat, there was no hot water from the 11th July to the 25th July, 2021. This would therefore conclude the flat uninhabitable for the two week period.We are willing to negotiate down to £400.Look forward to hearing from you.
Customer: replied 10 days ago.
Or something like this:The return of £200 is not enough. Under the Fitness for Human Habitation) Act, a house or flat is deemed inhabitable i.e whether there is a problem with the supply of hot and cold water, or whether there is an issue with drainage and lavatories.In the case of our flat there was no hot water from the 11th July to the 25th July, 2021. This would therefore conclude the flat uninhabitable for the two week period.We believe £700 is reasonable, however we are prepared to compromise at £400.We look forward to hearing back from you.
Expert:  Jeremy Aldermartin replied 10 days ago.
The second one. I trust this assists
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Customer: replied 10 days ago.
any legal wording you would suggest to add?
Expert:  Jeremy Aldermartin replied 10 days ago.
No you have the statute that’s enough. I trust this assists
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Expert:  Jeremy Aldermartin replied 10 days ago.

Thank you for using JA

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