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Landlord/Estate Agent and Leaky Cellar?


What are my rights as a tennant in regards to a cellar which floods slightly when it rains?

I ahve notified the estate agents who act on behalf of the landlord. They sent a contractor round who said it was the drain pipe full of leaves. Whilst I accept that this will have contributed to the problem, I instructed the landlord that it was probably the covering of bin-liners and plastic bags over the cellar grate, and it needed a long term solution such as bricking over with air bricks and a slab.

They said it was leaves in the gutter? What are my rights to having bricks put over the rented properties cellar grate to stop flooding? I have since cleared all the leaves and put a cover over the grate. This problem has been here for YEARS before we moved in 2 months ago,in fact I told them to replace the fall-pipe wich thankfully they did. I think that the estate agent are just wanting to not spend money? anybody have any info or way of helping me please? Thanks.

The habitability of a residential rental unit is also ensured by warranties of habitability which are prescribed by common and/or statutory law. See 搂 2.104 of the URLTA (http://www.law.upenn.edu/bll/ulc/fnact99... A breach of the warranty of habitability or a covenant within the lease may constitute constructive eviction, allow the tenant to withhold rent, repair the problem and deduct the cost from the rent, or recover damages. See URLTA 搂 搂 4.101 & 4.104 & 4.105 (http://www.law.upenn.edu/bll/ulc/fnact99...

my advise is to move out and find somewhere else to rent because they dont like to spend money

Most tenancy agreements state that it is the responsibility of the tenant to clear gutters, drains etc of leaves & cumulative debris. If you have done this and the problem persists, you will need to go back to your landlord/letting agent. It may be that you will need to get an independent report to find out the exact cause of the problem. Don't stop paying the rent because that will just hand the initiative to your landlord. Citizens Advice will also be able to tell you your exact rights uner law.

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