Garden/balcony unfinished- flat habitable? Full rent due?

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    #16
    "Complete"- in this context- is undefined and too subjective to have a clear meaning.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #17
      OP, do you want to walk away if you can, (legally, without penalty), or do you want to stick it out in the hope of moving in at some point?

      How much do you want the flat?
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        #18
        Originally posted by jeffrey View Post
        "Complete"- in this context- is undefined and too subjective to have a clear meaning.
        Hi

        I agree with the above.

        In addition, it seems that the clause you quote makes the commencement date of the new tenancy dependent upon a) completion and b ) you "transferring". So, if you don't transfer, when does it start - I would suggest that this is unclear.

        On the general issue of completion, there is good case law to the effect that, with regard to new build, all work does not have to be absolutely finished for the property to be ready for handover. The outstanding works would generally be in the nature of finishing off or snagging as it is often called. My trouble with your query about the winter garden, though, is twofold. Firstly, I'm not sure what it is and secondly, its not actually clear to me that it would be part of your demise (the property you will be renting) or whether it is something separate which you will have the right to use and enjoy. I suspect the latter - it sounds like a communal space or garden? If this is the case, its presence (or otherwise) might not be treated by a court as a fundemental condition of the contract.

        So, to repeat what I have said in an earlier thread, I really am not sure on this point, but it does seem to me possible that you could repudiate this contract if you wished to do so.

        With regard to your question concerning rent reduction, if you can repudiate the contract, then any rent you choose to pay would be by negotiation. If you are not entitled to repudiate, then a court may well assume rent reduction for a loss of communal facilities, but I really dont know how much this would be; I would suspect not very much I am afraid.

        Unfortunately, I think this is one of those occasions where you are unlikely to get a clear yes or no from anyone, so I think you have a difficult decision to take which rests in part on how much of a risk you are prepared to take.

        Preston

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          #19
          Every flat has either a winter garden or the top floor flats balcony. The winter garden/balcony is on the south facing side of the flats, there is a ca. 4m long glass window with sliding doors and if you open it you can enter the "winter garden" or balcony. Every flat has a separate winter garden/balcony. I don't know whether the glass front is lockable or not, because it would be finished with the winter garden.

          It's difficult to describe. But the winter gardens are attached to the flat. At the moment is there only some temporary scaffolding/railing.

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            #20
            Hi

            Does the agreement you have signed refer to the winter garden at all? Are you responsible under the agreement for maintaining the garden?

            Also, mind the gap's question a few posts ago is an important one.

            Subject to your answers to the above questions, your description of the winter garden does seem to strengthen your case because it sounds as though this would be part of your demise?

            Preston

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              #21
              I have no other option as to move in this flat.

              No winter garden mentioned in the AST, but on the developers' website are the winter garden as special feature advertised. That is why I go with common sense and see a flat with winter garden attached as complete when the winter garden is really there.

              I don't know whether this works or not. I have a link from the developers' website. You may get a better idea what the winter garden look like. The glass front does not exist at the moment, there are now only temporary railings. The second picture you can choose on the right side shows it a bit better.

              http://www.macdonaldegan.co.uk/index...v/completed/26

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                #22
                Originally posted by Penny Prosperity View Post
                I have no other option as to move in this flat.

                No winter garden mentioned in the AST, but on the developers' website are the winter garden as special feature advertised. That is why I go with common sense and see a flat with winter garden attached as complete when the winter garden is really there.

                I don't know whether this works or not. I have a link from the developers' website. You may get a better idea what the winter garden look like. The glass front does not exist at the moment, there are now only temporary railings. The second picture you can choose on the right side shows it a bit better.

                http://www.macdonaldegan.co.uk/index...v/completed/26
                The AST is the only thing that's legally binding on L; the advertisement/website details are not.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #23
                  A contract should make things easier and clearer and not leaving everything up to interpretations. What is now the (legally binding) meaning of 'complete' in this matter? In my opinion is the flat complete when the winter gardens are installed. Otherwise it would mean that the developer/architect never intended to do so and the flat is complete with the (temporary) railings as they are at the moment.

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