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The tenant is not entitled to withhold rent but they are entitled to compensation for breach of repairing covenant. If they decide to pursue you for compensation in respect of the breach of repairing covenant then you would bring the developers in as the second defendant.
You will probably find that the developers will respond better to a letter from a solicitor threatening a court application for an injunction to stop the work and get this problem remedied immediately (within 48 hours) failing which you will apply to court on an emergency basis for an injunction to do the same thing and you will ask the court to award costs against them.
Once you have the leak sorted, you can then pursue the tenant for the rent that you have lost.
.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.
I’m happy to answer any specific points arising from this.
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