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abaxas

Legal Position - Furnished Flat - No Blinds / Curtains.

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I'm currently having an issue with my landlord.

For the first 10 days of the tennancy the flat didnt come with blinds. I live on a main road so without them I had zero privacy especailly in the bedroom !

The issue is that I've asked nicely, sent hacky letters, withheld rent for a few weeks (under the disgise of forgetting !!) and generally got nowhere.

I think the only way to get anything for this is to take him to the small claims. But I dont know how much I should ask for..... do I purely work out the daily rent and ask for that? or should I ask for more due to not being able to live there for that persiod of time. During this period I had to live at my GFs which was ~1hour extra travelling each day.

Any help is appreciated. What should I ask for...?

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OK you are misguided in some of your assumptions....not having a go or anything, just pointing out!!

First of all, blinds/curtains are not a "legal" requirement of furnished properties. There is a general assumption that they would be present, yes, but no legal requirement, certainly as far as I am aware. Although if you have a link to such legislation I would welcome being corrected! But in law there isn't really a set in stone distinction between furnished and unfurnished property, certainly not down to that kind of detail...again as afar as I know. Did you view the property? Were there curtains/blinds present at the time? Have you completed/signed any inventory which said there were curtains or blinds?

This point is kind of null and void, considering there is no legal requirement to have curtains up. But assuming there was, you would not sue him in small claims for compensation. If you HAD to gain compensation from him, you would use your right of offset(which I shall come to in a moment). But the maximum you will get is your out of pocket expenses for purchasing such items. Agree or not, no curtains is simply not a good enough reason for saying the property is uninhabitable, or even close, and as such you would receive zero rent back etc.

My suggestion would be as follows.

- Write, recorded delivery, to the landlord, stating that you expect curtains to be provided and fitted within the next 7-14 days(I would probably put 14 days) or else you will be forced to use your legal right of offset to provide these.

- If he does not fit them, then purchase the items yourself, then deduct from the rent. Send the invoice/receipts(copies!) to the landlord, with a letter explaining what you have done.

You MUST note however, that if he sues you for this money then he will most likely win. It does put the onus on him to do something however, and if you get a generous judge, he may agree with the folly of letting a property as furnished without window coverings. But, to be honest it will all come down to how the property was during viewing.

I'm sorry this isn't what you want to hear, but hope it helps!

EDIT:

You have said you have "got nowhere". What is his position at the moment? That they just aren't provided? Or has he not replied at all?

Edited by MrShed

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Thanks for your info.

The issue is that the blinds should have been fitted before I moved in but the landlord failed to do so until 10 days after the tenancy started. I was promised them fitted for me moving in. Also landlord refused itenary.

I can understand how you beleive that this is a non issue however I live on a city centre road so I dont like the idea of people walking along the street and having a look at me sleep! The blinds are essential .

Also I've checked with Shelter and they say the curtains are required by law. As in not in the letter of the law but in terms of case precident. They seam to beleive this is a breach of the tennancy agreement.

From what you say maybe it's best just to offset this cost? Could I work out the lost rent and remove it from next month? This would put it on him to resolve? etc?

Any help appreciated

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I shall repeat...you CANNOT claim back rent from him. I can absolutely guarantee you that no court in the land will see the lack of blinds as being a reason for the property to be uninhabitable. I understand the privacy issue, and I do sympathise, but the argument will be(and rightly so) that you could have quite easily put something over the windows temporarily.

If the blinds are now fitted, I would just leave it. If you deduct money from his rent, you are only going to cause aggro and possible legal issues which you will lose in the end. Apart from anything else if you have not been given an inventory, you cannot have any deductions from your deposit at the end of the tenancy, so that can be your comeback as long as you keep quiet about it! :P

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I shall repeat...you CANNOT claim back rent from him. I can absolutely guarantee you that no court in the land will see the lack of blinds as being a reason for the property to be uninhabitable. I understand the privacy issue, and I do sympathise, but the argument will be(and rightly so) that you could have quite easily put something over the windows temporarily.

If the blinds are now fitted, I would just leave it. If you deduct money from his rent, you are only going to cause aggro and possible legal issues which you will lose in the end. Apart from anything else if you have not been given an inventory, you cannot have any deductions from your deposit at the end of the tenancy, so that can be your comeback as long as you keep quiet about it! :P

Good news... £50 rent reduction, it was easy really. In the end, since I let through an agency, I asked for the full details of the landlord fo potential claim (as I understand is a legal requirement!) and immediatly they offered £50!

Result and thanks all for you help.

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Good news... £50 rent reduction, it was easy really. In the end, since I let through an agency, I asked for the full details of the landlord fo potential claim (as I understand is a legal requirement!) and immediatly they offered £50!

Result and thanks all for you help.

FYI - Your landlord's name and address should be on your contract

Regards

MrM

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Not neccessarily, but if you request the name and address from the LA then you must legally be provided with it within 28 days.

And good result, well done...im pleased!

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  • 301 Brexit, House prices and Summer 2020

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      • down 5% +
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      • up 5%



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