Uninhabitable by damp - what is landlord's responsibility? Is agreement broken?

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    Uninhabitable by damp - what is landlord's responsibility? Is agreement broken?

    I recently moved into a rented house which my housemate has rented (with another tenant who left) for two years, which is owned by a letting agent (ie they are also the landlord). A month after first informing them, someone from the agency came in to see and immediately started coughing and sneezing, said it was unhealthy and moved us straight out that afternoon. They found us very short term accommodation (a very nice flat) for a week, and are about to move us to another (less nice flat) for a month while they sort the problem, and they intend to have us back to our original flat by the end of the month.

    Is our contract broken? There is nothing specific about this sort of situation, just the usual about quietly possessing and enjoying without intrusion, and nothing about what happens if the landlord fails to keep their clauses.

    And they have said we won't be charged rent for September, while we are unable to live in the property, but this doesn't cover the discomfort, smell, cold and respiratory problems throughout August, and the inconvenience of moving three times -- are we not entitled to ask for more? I'd appreciate any advice, or knowing what has happened in similar situations. Thanks.

    #2
    It sounds as though your landlord has acted responsibly in the circumstances and done everything possible to ensure you have a roof over your head, and rent-free, whilst essential repairs are carried out. I appreciate it has been somewhat inconvenient for you but I am not sure what more you are after.

    No, your contract is not broken as your LL has acted promptly to get the problem sorted and provided alternative accommodation.
    '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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      #3
      I'm rather impressed actually.

      You don't have to pay a month's rent AND temporary accomodation.

      I know you have suffered inconvenience but in my opinion you have been treated appropriately and generously.
      I'm a good tenant with great landlords
      I'm also a living, breathing, fully cooked female.

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        #4
        Blimey!! Good on him!!!!

        But.... I'd hope/expect there would be paperwork confirming your tenancy has transferred/a new tenancy for the new address with same ££££££ and dates...

        The cynic might wonder if someone is pulling a fast one & something funny is going on.. (eg 1st place sold, landlord later claiming you left & so no tenancy in place so bye-bye...).

        Got anything in writing for the new place??
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          There may well be a breach of contract by the landlord here. However, the landlord has already given you the equivalent of all you would have as a remedy (damages to pay for alternative accommodation).
          Disclaimer:

          The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

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