MAY 2009

UNINHABITABLE PROPERTY – WHAT SHOULD YOU DO?

Of course, a landlord has a duty to ensure that a property is in a reasonable condition for a tenant to live in but sometimes a property can become uninhabitable during a tenancy. So who decides if a property is uninhabitable and what do you do about it?

Usually, a loss adjuster will start by establishing why the property is uninhabitable. For example, did the property flood due to a burst pipe because the tenant didn’t put on any heating or did he dry wet clothes on the radiators causing mould to grow? On the other hand, is the mould in the bathroom due to damp or condensation that the landlord could have prevented by installing an extractor fan?

When it comes to compensation, if a case goes to court, a judge will look at the proportion of the property that is uninhabitable and if, for example, one of four bedrooms cannot be used, he would be likely to decide that the tenant should receive a 25% reduction in rent.

Whatever the reason for the property being uninhabitable it’s usually in the landlord’s best interests to sort the problem out as quickly as possibly, certainly before Environmental Health Officers are called in. If this happens, everything in the property will be examined and this could lead to a lot of extra repairs and expense!

Press enquiries:
TRACIE LACK
Tel: 020 7433 6670
email: brmarketing@brlets.co.uk

Editor’s notes:
With eight offices in the prime residential areas of London (and overseas offices in Singapore, Hong Kong and Dubai), Benham and Reeves Residential Lettings is recognised as one of London’s largest specialist lettings-only agencies. They are also one of the only lettings agents to offer an interior design, refurbishment and furnishing service for investment properties through their subsidiary company, In:Style Direct.