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Some advice on How to proceed on a case where my neighbours damaged my house


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There was a party at the flat above mine and as a matter of fact their floor went down and through my ceiling, creating a huge hole and setting me and my friends that were on my house in danger. My contract states that the landlord has to maintain the property in accordance with the Health and Safety Regulations at Work Act 1974 to ensure the safety of the tenant and the tenant's invited guests,visitors or the Tenants familly.

Firebrigades came and used acrow props in my kitchen and sealed my kitchen as it was stated as "unsafe structure" and now I dont have access to my kitchen and living room.

 

 

The estate agents told me that we will need to move to another house as this one needs to be repaired.

My question is: Is there any refund for the loss of amenity, the inconvenience, and the danger that this incident caused to me

and my friends that i can claim from the landlord?

How do I need to proceed next?

Thanks

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The LL has a duty to repair ceiling and make property safe only. Sounds like LL will claim against his buildings Ins who will claim against other owner Ins.

As LAs have deemed your flat unsafe

1 LL may offer you equiv temp accom, provided you continue paying existing rent and the T continues.

2 Find your own alt accom and stop paying rent on existing property, effectively a free surrender with deposit.

3 LL offers to release you from current contract eff same as 2).

 

Anything else depends on negotiating with LL. He may have alt temp accom or loss of rent cover.

If you owned that flat you you be in a similar preccament and would claim off your Insurer.

 

Sit down and discuss with LL/LA asap, maybe LA can offer alt accom to rent.

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The LL has a duty to repair ceiling and make property safe only. Sounds like LL will claim against his buildings Ins who will claim against other owner Ins.

As LAs have deemed your flat unsafe

1 LL may offer you equiv temp accom, provided you continue paying existing rent and the T continues.

2 Find your own alt accom and stop paying rent on existing property, effectively a free surrender with deposit.

3 LL offers to release you from current contract eff same as 2).

 

Anything else depends on negotiating with LL. He may have alt temp accom or loss of rent cover.

If you owned that flat you you be in a similar preccament and would claim off your Insurer.

 

Sit down and discuss with LL/LA asap, maybe LA can offer alt accom to rent.

 

 

thanks a lot for your quick answer.

So, apart from these, can I claim money from the LL for these days that I cannot use my kitchen and I have to eat meals on restaurants and for all the other inconvenience that the incident caused?

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You can claim what you like, whether LL will pay is a different. That is why it is called negotiating.

Consider what you want, find out his offer and compromise!

You claim eg loss of amenity ie kitchen poss 25% of weekly rent, he offers £10/day.

 

If you normally shop for food I doubt he will accept you eating at a Michelin* restaurant every day.

Consider the kitchen out of bounds after retrieving some pots, plates etc and invest in a cheap microwave or table top oven for a bedsit.

Even owner-occupiers may have to slum it for a while.

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Check to see what your contract says about landlord's obligation in this scenario.

 

In normal contracts, a breach would entitle you to cover your losses. So for example, you may be entitled to alternative accommodation and reasonable expenses for lack of amenity such as cooking facilities.

 

But it would be reasonable to try and negotiate up front as it may be difficult to get money out of a landlord if he disagrees.

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