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I have lost patience with my landlord.
Moved into the property (a flat within a block - landlord only holds the leasehold to the flat we are in) one year ago.
During viewing we asked about a stain on the ceiling of en-suite bathroom, told it was no longer an issue and would be repainted.
Upon starting tenancy we find two air fresheners in said en-suite (confirmed as present in the inventory).
Remove them because they are sickly sweet only to find they are masking the smell of sewage.
No improvement with us cleaning the drains or removing pre-existing mould in shower.
Notify landlord. Plumbers have inspected three times but no follow-up action.
We have been told conflicting information as to what could be the cause (sink/shower traps or the shared sewer stack with the flats above/below). Also told conflicting information as to what the landlord knew before we moved in (nothing or that this had been a problem before).
We're now a year down the line and no corrective action. No engagement with alternative remedies we have proposed.
What options might we have for a case? (I'm scoping out here for curiosity prior to speaking with a solicitor).
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Section 11 L&TA 1985?
Would a sewage smell be sufficient to trigger an obligation under:
1 (b)to keep in repair and proper working order the installations in the dwelling-house for the 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 the supply of water, gas or electricity)
If the issue is the shared sewage stack then would that be considered an obligation under:
1A (b)any reference in paragraphs (b) and (c) of that subsection to an installation in the dwelling-house included a reference to an installation which, directly or indirectly, serves the dwelling-house and which either—
(i)forms part of any part of a building in which the lessor has an estate or interest; or
(ii)is owned by the lessor or under his control.
If it were an obligation that arose under 1A I note there is a defence under:
3A In any case where—
(a)the lessor’s repairing covenant has effect as mentioned in subsection (1A), and
(b)in order to comply with the covenant the lessor needs to carry out works or repairs otherwise than in, or to an installation in, the dwelling-house, and
(c)the lessor does not have a sufficient right in the part of the building or the installation concerned to enable him to carry out the required works or repairs,
then, in any proceedings relating to a failure to comply with the lessor’s repairing covenant, so far as it requires the lessor to carry out the works or repairs in question, it shall be a defence for the lessor to prove that he used all reasonable endeavours to obtain, but was unable to obtain, such rights as would be adequate to enable him to carry out the works or repairs.
but my understanding of this is that it is only a defence to actually doing the work and would not be a defence to a damages claim for loss of amenity?
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Given that we asked about the stain at the viewing and that it might appear that there had been an attempt to cover up the smell would there be the possibility of a claim for refund under a Part 4A claim on the basis that the landlord knew about the problem prior to the tenancy, that when we asked we were not told in full about the issue and that this represents a misleading action and that had we not been misled and had been fully informed we would not have signed the agreement.
---
Would there be any other basis to raise a claim?
That his inaction has breached our covenant to quiet enjoyment?
Can a nuisance claim be raised in these circumstances (my reading would seem to suggest not?)
Moved into the property (a flat within a block - landlord only holds the leasehold to the flat we are in) one year ago.
During viewing we asked about a stain on the ceiling of en-suite bathroom, told it was no longer an issue and would be repainted.
Upon starting tenancy we find two air fresheners in said en-suite (confirmed as present in the inventory).
Remove them because they are sickly sweet only to find they are masking the smell of sewage.
No improvement with us cleaning the drains or removing pre-existing mould in shower.
Notify landlord. Plumbers have inspected three times but no follow-up action.
We have been told conflicting information as to what could be the cause (sink/shower traps or the shared sewer stack with the flats above/below). Also told conflicting information as to what the landlord knew before we moved in (nothing or that this had been a problem before).
We're now a year down the line and no corrective action. No engagement with alternative remedies we have proposed.
What options might we have for a case? (I'm scoping out here for curiosity prior to speaking with a solicitor).
---
Section 11 L&TA 1985?
Would a sewage smell be sufficient to trigger an obligation under:
1 (b)to keep in repair and proper working order the installations in the dwelling-house for the 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 the supply of water, gas or electricity)
If the issue is the shared sewage stack then would that be considered an obligation under:
1A (b)any reference in paragraphs (b) and (c) of that subsection to an installation in the dwelling-house included a reference to an installation which, directly or indirectly, serves the dwelling-house and which either—
(i)forms part of any part of a building in which the lessor has an estate or interest; or
(ii)is owned by the lessor or under his control.
If it were an obligation that arose under 1A I note there is a defence under:
3A In any case where—
(a)the lessor’s repairing covenant has effect as mentioned in subsection (1A), and
(b)in order to comply with the covenant the lessor needs to carry out works or repairs otherwise than in, or to an installation in, the dwelling-house, and
(c)the lessor does not have a sufficient right in the part of the building or the installation concerned to enable him to carry out the required works or repairs,
then, in any proceedings relating to a failure to comply with the lessor’s repairing covenant, so far as it requires the lessor to carry out the works or repairs in question, it shall be a defence for the lessor to prove that he used all reasonable endeavours to obtain, but was unable to obtain, such rights as would be adequate to enable him to carry out the works or repairs.
but my understanding of this is that it is only a defence to actually doing the work and would not be a defence to a damages claim for loss of amenity?
---
Given that we asked about the stain at the viewing and that it might appear that there had been an attempt to cover up the smell would there be the possibility of a claim for refund under a Part 4A claim on the basis that the landlord knew about the problem prior to the tenancy, that when we asked we were not told in full about the issue and that this represents a misleading action and that had we not been misled and had been fully informed we would not have signed the agreement.
---
Would there be any other basis to raise a claim?
That his inaction has breached our covenant to quiet enjoyment?
Can a nuisance claim be raised in these circumstances (my reading would seem to suggest not?)
