I started renting a ‘studio apartment’ (i.e. a bedsit) in January this year in a three-storey 1930s block – residents are a mix of renters and leaseholders. I am considering asking for rent reduction due to two main issues:
. Upon moving in I noticed that there is no way to turn off the radiator, as it is controlled centrally, making for an overly hot room. The landlord and their letting agents did not inform me of this (I would not have agreed to rent it if they had). They said that that ‘may’ install a thermostat before the winter comes and they turn it back on. I was willing to chalk that up to ‘live and learn’, until…
. The landlord is now engaged in an extensive external repair programme on the roof, meaning that the entire block will be covered in scaffolding for at least three months - this is preventative rather than urgent as far as I know. The builders are here from 8-4 every day and the noise from drilling, shouting, hammering etc. is incessant... they've been here 3 weeks already and now the landlord informed us that they'll be there another months at least. I work from home and it’s borderline unbearable (my nearest company office is 50 miles away, and as it’s all confidential legal stuff I work on I’m technically not supposed to work in a coffee shop or library). Moreover, the way they have laid out the scaffolding means that I can only open my windows about 1/10 of their full capacity, this in the hottest period of the year. There is also the loss of privacy as the builders are constantly walking past my window (flat is one room, open-plan), plus the loss of natural light due to the scaffolding planks. Though letters/emails were sent warning of the works, I was not informed of the works before I signed the lease and again would not have moved in had I known.
Given the above, I do not see why I should pay the full rent for the months the works are taking place, given as they are violation of the ‘quit enjoyment’ clause and ability to use the flat as intended upon signing the lease. That said, the landlord will likely push back saying the works are essential (covered in the lease) – I understand there have been recent cases found in favour of the lessee, but that these were extreme cases (e.g. noise so deafening noise plugs were needed).
As for misrepresentation, I’m not sure about the law on that. The landlord could say I should have known that an older block would have centrally controlled heating (news to me) and that building works could take place at any time. I was happy staying here for a year whilst I save for a deposit but really I feel I’m been completely taken for ride (£650 a month to live in a tiny bedsit which is a construction site in the summer and a sauna in the winter). Stupidly I didn’t insist on a break clause (was stuck in couch surfing hell at the time).
Any advice here would be helpful - assuming the landlord refuses to discuss compensation, is the legal route worth it? Even if successful any compensation gained would likely be cancelled out by legal fees.