Who is responsible landlord or freeholder? | The Tenants' Voice
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Who is responsible landlord or freeholder?

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335 views 4 replies latest reply: 07 September 2017
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Tenant

Hello, i live in the converted attic part of a building with 4 other flats. The freeholders have decided to replace the entire roof. Causing a large amount of dust coming through into the flat making my bathroom and kitchen unusable my bed and new sofa are covered in it. My health is declining from the dust and noise of the work. I have been forced to live out of bags as I cannot live there anymore and sleep on friends sofas.  My landlord agrees I should not pay rent while the work is carried out but he is not willing to give back the rent I have already paid as he wants to get it back from the freeholders first. Can he do this? Please help.

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Tenant

Hello, 

The silver lining here is that the landlord agrees you should not pay rent while the work continues. You can use the rent money to find a temporary accommodation somewhere else. 

While it’s inconvenient, you can at least live normally while the repair work continues. 

As for the rent you’ve already paid, you should NOT STOP asking for it, until the landlord commits to the refund. Alternatively, you can try to strike a deal, where the money will be kept by the landlord, but it will go towards the next month you spend in the property AFTER the building work is done. 

They will likely agree to the second option, but I realise you probably need the money to pay for alternative accommodation. 

Unfortunately, the landlord’s responsibility ends with them agreeing to not charge rent for the duration of the repair works. Everything else is a matter for negotiation. You have to remain collected and not let anger and frustration drive your conversations. Otherwise, you might make things worse for yourself. 

Continue to contact the landlord for information and remain active in resolving the problem. Be patient and committed and a resolution will come.

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No in a word.  If it caused hazard or distress and interupted your right to live peacefully and without noise or agravation he should have paid for you to live in another property until the work was completed.  All the above ie right to quiet etc dhould be in your contract.  Personally if the landlord could allow you to go through this ordeal then why are you not looking for another property.  If it is because you did not pay a deposit or the rent was unusually cheap and the conditions and contract were simple with little or no regulation for either yourself the neighbours or the landlord then sorry but you only have yourself to blame.  Most of us see our tenants as an asset and try to look after our tenants as good tenants are for keeping.  My contracts proptect the the tenant myself and the nighbours which is something for you to bear in mind when looking to live elsewhere.  Tenants also need to take responsibility for themselves also at the outset.

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