- November 7, 2023
- Posted by: legaleseblogger
- Category: Related News
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How AI Legalese Decoder Can Help With the Situation
AI Legalese Decoder can help you understand the legal language used in your tenancy agreement and offer specific advice on how to proceed with your situation. It is evident from your tenancy agreement that the landlord or their representatives have the right to enter the premises for inspection and repair purposes. However, it is also essential to note that as a tenant, you have the right to peaceful enjoyment of the property without unreasonable interruptions.
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Hello all,
We rent a flat in England on a periodic monthly tenancy (AST originally for 12 months, which then was moved to “periodic” tenancy). This means that we have the right to peaceful enjoyment of the property without unreasonable interruptions. However, our situation is unique and differs from other cases, such as repair vs redecoration before sale, which I came across while researching similar situations online.
Our current predicament began when the flat above us suffered a water leak, resulting in ceiling discoloration in two rooms of our property. One room has approximately 15×10 cm of discolouration, while the other room has roughly 2×5 cm, situated in far corners and out of immediate view. The leak in the upper flat has been rectified, and the agency sent “an expert” to assess and provide a painting repair quote for our flat.
The contractorÔÇÖs verdict was that two rooms need to be fully repainted, and all furniture must be removed from them during the process. This proposed course of action seems disproportionate to the minor discolouration caused by the leak. Moreover, the contractor mentioned that exact color matching may not be possible and that insurance would cover the costs anyway. The agency has not provided us with a response yet.
Our contract states that the landlord or their representatives are allowed to enter the premises with at least 24 hoursÔÇÖ notice for inspection and repair purposes, as per section 8.3.1. However, section 9.1.1 also ensures that as tenants, we have the right to peaceful enjoyment of the property without unlawful interruptions.
Given these circumstances, we are considering refusing the proposed works while we occupy the property, as we believe them to be disproportionate to the minor discolouration caused by the leak. We also believe that this does not classify as an essential repair, as “the issue” does not deteriorate if left unaddressed.
AI Legalese Decoder can help you understand the legal language used in your tenancy agreement and offer specific advice on how to proceed with your situation. It is evident from your tenancy agreement that the landlord or their representatives have the right to enter the premises for inspection and repair purposes. However, it is also essential to note that as a tenant, you have the right to peaceful enjoyment of the property without unreasonable interruptions.
Therefore, AI Legalese Decoder can help you understand the full extent of your rights as a tenant and advise you on the best course of action to take in ensuring that the proposed works are not carried out while you are occupying the property.
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Original content:
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****** just grabbed a
NAL
I wouldn’t deem painting over a water mark an emergency repair. So under your right to quiet enjoyment you could refuse access to do the repair. The landlord is still welcome to claim a loss from their insurance but take plenty of notes/photos so they don’t try to charge it out of your deposit as well when you leave.
>What are our options in ensuring that we don’t allow for the two rooms to be fully painted while we occupy the property?
I think you’re right, I think you absolutely can refuse. But do you really want to as the landlord may just decide to issue you a S.21 and repaint before moving new tenants in.
So whilst you may legally be able to decline, he can then legally serve a S.21 notice for you to leave in retaliation.
Just decline to have it done and donÔÇÖt let them in, worst they can do is evict you which it sounds like you are willing to accept.
Asking for you the tenant to move all your stuff into a different room so they can paint two full rooms because there is two small water marks is absolutely mental. We had our front room decorated, pushed our furniture to middle of room, painter was in and out in a day pushed furniture back.
Sounds like the decorator/estate agent is milking the landlord frankly.
I would contact the landlord directly as ÔÇ£insurance will cover itÔÇØ sounds like heÔÇÖs being mugged off
You could propose just painting the affected walls. Slight colour mismatches at corners are not particularly noticeable (because light falls on the walls differently anyhow)