This house is not a shack?
Nov. 8th, 2004 11:11 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
reddragdiva![[livejournal.com profile]](https://www.dreamwidth.org/img/external/lj-userinfo.gif){kind=small}
arkady's first-hand report on the flat:
The waterlogged Flat of Lemonness continues to be soggy and is likely to remain so for some time. Liz and I went back to the flat this morning to meet an electrician. The heater in the bathroom was illegal, the fuseboard is still waterlogged, the vinyl flooring in kitchen and bathroom is lifting because it's backed by chipboard which is expanding, the cupboards in the kitchen - whilst intact presently - are likely to burst apart as the chipboard inside swells up. At least three electric sockets that I counted in the kitchen had uninsulated, exposed wires. There's a subtly pervasive smell of sodden dirty carpets that will doubtless get worse. The letting agent was truly horrified when he came round to see things for himself. Matters are currently in the hands of the loss adjusters; the flat will require drying out with dehumidifiers, industrial fans and driers over a period of time - and the electrician says the fuseboard needs total replacing before the power can go back on, which means either waiting until power is restored or bringing in generators.
The hall carpet and likely the living room carpet will have to be replaced. The walls and ceilings are waterstained. New flooring needs to be laid in the kitchen and bathroom. I would hate to see the bill for all the work needed to make it rehabitable again....
We're waiting to hear from the loss adjusters with regards to what is going to happen about rehousing David and Liz in the meantime. They will be inspecting the flat tomorrow, so Liz and I will be going back to meet them and find out what they have to say. In the meantime, David's rearranged stuff a little in the bedroom to make it more comfortable for himself and Liz, and Liz and I brought back some more stuff from the flat. We're also making plans to bring the boy rats over to my place where they can stay whilst all the work is taking place.
It's painfully obvious the flat will not be brought back to livable condition in the near future. On the other hand, our remaining instant credit headroom (before next pay) is about £700. Does anyone have solid information on how hard we need to push to break the lease?
I have joked about it being made of acoustically-transparent cardboard ...
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(no subject)
Date: 2004-11-08 03:17 pm (UTC)Can this site help at all?
http://www.rentamatic.co.uk/forum_main.cfm?startrow=301&id=3
(no subject)
Date: 2004-11-08 03:18 pm (UTC)(no subject)
Date: 2004-11-08 03:22 pm (UTC)But hey - free legal advice may not suck. *smooch*
(no subject)
Date: 2004-11-08 03:42 pm (UTC)I strongly suspect you already have a claim against your landlord for breach of contract - check through the lease - by not providing somewhere suitable for you to live they have breached the contract and you are entitled to claim damages (such that will put you in the position you would have been in had the contract been performed correctly - essentially, all the costs you've suffered in the past couple of days, the cost of any accommodation you find in the meantime, any other costs associated with moving).
Do take photos and get hold of any other evidence you can. Hearsay evidence is admissible in civil claims eg. the agent said foo to me. Write down what happens when, so you can refer back to it. Have a google for the Small Claims Court - this is designed so that you can do all the work yourself without a lawyer, and go from there.
I would imagine that the landlord doesn't have a specific duty to provide alternative accommodation (but check the lease) and that you'll have to find you own. English contract law doesn't like imposing positive duties on people to do specific things (with some exceptions) - it's sufficient remedy for you to be able to claim damages.
Whether or not their breach of contract (not providing you with somewhere to live) is sufficiently serious for you to repudiate the contract (get out of it) depends on lots of things - you *must* act quickly - if you continue to perform your side of the contract eg. by paying rent, you're taken to have accepted their breach and you must get hold of someone with some expertise in this area before you do something irrevesible.
(no subject)
Date: 2004-11-08 03:52 pm (UTC)(no subject)
Date: 2004-11-09 02:43 pm (UTC)See my latest post for latest developments (locked but will add you to f/l)
(no subject)
Date: 2004-11-08 03:50 pm (UTC)(no subject)
Date: 2004-11-08 04:36 pm (UTC)that's horrendous.
(no subject)
Date: 2004-11-08 05:13 pm (UTC)(no subject)
Date: 2004-11-10 08:20 am (UTC)(no subject)
Date: 2004-11-08 05:26 pm (UTC)(no subject)
Date: 2004-11-09 12:34 am (UTC)(no subject)
Date: 2004-11-09 02:43 am (UTC)(no subject)
Date: 2004-11-09 01:46 am (UTC)hope that is some help
snuggles to you both
(no subject)
Date: 2004-11-10 08:21 am (UTC)