request of waiving rent - can I?

[wccheng]

Hi!

Recently I found mice in my flat. I called pest control company to deal with it and it take two to three weeks to complete. Because my partner is so scare of mice that we have to move out during this period otherwise she couldn't sleep. I asked my landlord if he can waive the rent for this period and he said it's not a reasonable request as mice problem is common here and it is not dangerous to the extent that requires evacuation.

do you think I have the ground and legitimate reason to push the landlord for that?

PS: LL agrees to pay all the expenses required to treat the mice.

[90DC]

I think you have valid grounds. Either ask him to waiver the rent or bill him for the time you were out of the house. Any costs this may have incurred. Surely as a landlord, he would have assumed responsibilty for the cost of pest control? If not, try and get some money towards that too. As it was his responsibility and by you calling them in, you saved the furnishings of the property (Doors, windows) It wasn't dangerous, it was not fit for purpose. I'd ask him if he'd like to sleep knowing mice could be crawling up his legs (But i wouldn't advise you to do this as he sounds like an idiot.) Whether you heed my rather crap advice or not, let me know how it goes.

[wccheng]

I think you have valid grounds. Either ask him to waiver the rent or bill him for the time you were out of the house. Any costs this may have incurred. Surely as a landlord, he would have assumed responsibilty for the cost of pest control? If not, try and get some money towards that too. As it was his responsibility and by you calling them in, you saved the furnishings of the property (Doors, windows) It wasn't dangerous, it was not fit for purpose. I'd ask him if he'd like to sleep knowing mice could be crawling up his legs (But i wouldn't advise you to do this as he sounds like an idiot.) Whether you heed my rather crap advice or not, let me know how it goes.

Thanks for your advice. Responses to my situation varies (I've asked some of my friends and colleagues). Some said it really depends on how bad the situation is. If there re tens of mice running around in day light then I should push on. However my situation is not that bad. I guess it may be several of them, and not seeing them out unless i stay up very late.

 

And the LL agree to pay all the expenses to treat the mice. This is fair and I'm still thinking whether to talk about waiving rent again

[citizenkain]

Hold on,when you rented the flat it was for you and your girlfriend not for mice as well!! If it was only one rogue mouse that would be bad enough but ya know mice coming out at night,what if your girlfriend had a weak heart and got up during the night for a drink of water...... and the flat is full a mice.....all looking startled cos someones turned the light on??????

Tell ya landlord ya want something off the rent!!!!

[andydd]

Find out how much rent the mice are paying ?

[citizenkain]

Thats a good point andy! If them mice are living there too and the landlord is saying theres mice in that area,tell him to get summat from the mice,why should you pay for trespassers!!!

[Aviva]

Sorry, I agree with your landlord that it is not a reasonable request to ask for the rent to be waived for this period. You moved out not because the property was uninhabitable for this period but because your partner has a phobia. It does not appear that the landlord refused to do anything or in anyway caused the problem or hindered the treatment. I feel that it is reasonable for the landlord to pay any costs involved in the treatment and it seems they are willing to do this.

[Steve__M]

Agree with Aviva - you are unlikely to get a refund. Whether it is the landlord's responsibility even to pay for pest control probably depends on whether the mice got in through holes etc. and/or whether you or the neighbours have been careless with food etc.

[90DC]

Okay there have been a few good responses that go against what i have said previously.

 

I own 4 static caravans on a good caravan park on the East Coast, i rent these vans out to people, when there is a problem with one of the caravans (Very rarely) which makes them unfit for purpose (As in, i wouldn't sleep there) and somebody has booked the caravan for that week (If the problem can't be sorted and made habitable for them, i offer them a refund.)

 

I have only done this once, and if say, there was a pest problem which wasn't to the client's fault, i would offer them a refund, remember to think about the consumer in all this. I may be out of pocket, but as i see it, i make enough money from it over the course of the year so this makes it less of a problem.

 

I would say it is your choice to ask the land lord and it is at his discression as to whether a refund is given, i am glad people came to two different conclusions here, it gives him an objective view on this and what to do next.

[cremeegg12]

No, I think it's unreasonable for you to expect your landlord lose money because your partner has a phobia. You didn't have to move out, you chose to. There was no reason why you had to move out - if your partner's phobia was so bad, she could have stayed with friends/family. That doesn't mean you had to.

 

Mice are common, we've had them. Pain in backside but easily solveable by pest control. He's been generous in that he's agreed to pay for the pest problem - didn't even occur to me to ask our landlord to pay, so I think he's been reasonable with you.

[Aviva]

90DC - the OP has already stated that the landlord has been asked and refused the waiver of the rent. The OP wanted to know if this was worth pursuing. The answer is that they would not be seen as entitled to the waiver as they moved out of choice not necessity.

 

There is a big difference between renting out for holiday stays and for tenancies.

[90DC]

Right i am going to concede here. Yes the landlord was good to pay for the pest control (Though i feel it was his resposibility in the first place).

 

They've asked once, had a 'No' i now think it should be left at that.

 

 

Sorry all.

[wccheng]

thank you all for your reply and after this week I've found the issue worth some discussion and deep thought.

 

let me go to the conclusion first that I'm NOT going to push the landlord. so my personal issue is over but you are welcome to join the discussion.

 

Responses I've got here and in real life are 50/50. the key point of debate is whether mice is a justified reason for the tenants to evacuate. Let say if you are in a restaurant and see a mouse running around, I believe most people won't hesitate to leave and may never return no matter how well the owner tackle the problem later on. Mice do have a hygienic problem to tenants, same as the case in restaurant. If I'm right to leave the restaurant why shouldn't I leave the flat?

 

Then I compare it to some of my and my friends' experience. Years ago I lived alone in a share flat when the boiler failed. We lived without hot water for almost two weeks until the LL fixed it. Luckily it was in spring if it's winter it would be hell. My friend had the fridge broke down and wait a week before the LL bought a new one. at that time we didn't leave the our home nor ask for waiving rent.

 

These down to a point of one's tolerance to household problem. If I'm living alone now then it might not be a problem at all but the fact my girlfriend can't stand it. Some say she's phobia, which to a certain extent I agree . But even if you feel very well to live with mice in the same flat, the hygienic problem is still there and can't unjustify others who decide to leave. Some say she could stay somewhere while I remain there but we both are the listed tenants so if the problem is justify you can't just ask the one who can't tolerate to leave.

 

and then I think of the contract. It seems no rule to force the LL to refund in case of evacuation by uninhabitable environment. What say is LL should ensure an inhabitable environment to the tenants otherwise it's treated as a breach of contract. And in practice it also involves who is responsible for the problem, in my case is if it's my fault that causes mouse infestation.

 

I don't have a clear standpoint on all these, just some of my thought during these days when I'm facing the problem. You may wonder then why I decide not to push the LL for rent refund/waiving. First he's a nice LL, especially when I think of some of the dodgy LL / agent that I encountered before, that I want to continue business with him and not risk spoiling the relationship or finding a new flat and new LL. Second I like the flat once the mice are gone then there won't be anything makes me feel not comfortable.

[citizenkain]

well it could be worse,id sooner have mice than cockroaches!! you do get mice in a lot of old buildings,you just dont see them much these days,my mother says when she was younger living in the old glasgow tenements a lot of people had cats and if you didnt have a cat you borrowed one for a few nights!!! no more mice just a fat cat!!!

[loopinlouie]

My kids have two pet mice in a aquarium, less the water:D They get them out and they are so cute, but as soon as they get near me I see the constant pooping, they have no control over and wince, put them away and thats only pet ones.

 

Must admit they look cute, just can be so dirty. Nice:eek: science teacher gave all the class pet mice to care for, they overpopulated the class room cages very quickly and I am assured the are both male:cool:

 

My dog also brought me in a nice present from the garden:eek: A dead rat and on another day a hedgehog, still alive so rescued it. Id second what said, get a scary looking cat.