Compensation for tenant

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P
Pedro
70 Posts
4 Thanks
I have a tenant in a flat that is leasehold.
There has been a leak from the flat above causing ceiling damage in the bathroom of our flat.
The leak from the flat above has been dealt with but through no fault of ours it has taken over 3 months to have the repair carried out to the ceiling in my flat.
The tenant has continued to live in the flat, putting up with the damged ceiling and the bathroom has been useable. Rent is 975 pcm (32.05 per day).
He has now written to me claiming compensation. Part of this letter I copy as follows:

"ISSUES CLAIMED FOR

- Unhealthy sanitary premises
- The property did not show any issues upon viewing the property or signing the contract
- Breach of contract:

3.3. To comply with the requirements of section 11 of the Landlord and Tenant Act 1985 which imposes obligations on the landlord to repair the structure and exterior (including drains, gutters and external pipes) of the premises; to keep in repair and working order the installations in the premises for supply of water, gas and electricity and for sanitation )including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of water, gas or electricity);

- Distress caused in the tenant
- Poor service and property management

I would like to request an economic compensation resulting in a logical proportional deduction from the rent (32.05 per day) for the total number of days (130) while this issue was unresolved despite constant reminders and evidence of the issue sent."

My question is, does he have a legitimate claim? He is claiming full rent for the period.

Thanks in anticipation.

Peter

23/11/2011 00:00

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