Here is a question to the blog clinic from Hannah (not her real name)
I rent a flat with my partner and our children (son and daughter). When we looked around the flat it was full of old furniture and other items which the landlady explained belonged to her mother who had moved into a home. She said that the items would be removed before we moved in.
When we got the keys we arrived at the flat and found most of the items had gone but the third bedroom, which was supposed to be our daughter’s was full of boxes and general junk. We also found a tumble dryer in a cupboard which we assume doesn’t work.
We have contacted our landlady several times to have these items removed, she keeps apologising and saying she needs to come down and sort it out but never does. This has been going on for nearly two months and our children are upset at having a share a bedroom.
Can we give her an ultimatum and tell her we will remove the items ourselves before a certain date?
Also, we are renting a 3 bedroom flat but only 2 bedrooms are habitable, does this affect our rights in any way?
I hope you can help – there is not a lot about this type of situation online.
Well my view is that your landlord is in breach of contract. As you say, you have contracted to rent a three bedroomed flat but are unable to use one of the rooms. Effectively she is using your flat for free storage. Which is not right.
I would suggest you do as follows. Count the number of rooms in the flat and divide the rent by that number. So let us say that there are six rooms in the flat and your rent is £600 per month – that would be £100 per room.
Then write to the landlord and say that she is in breach of contract as you are unable to use one of the rooms in the property. Say that unless she removes the items within the next seven days, you will be deducting the sum of £100 (or whatever the figure is in your case) per month from the rent to compensate you for being unable to use one of the rooms in the property you have rented.
If she writes back saying that she will sue you for the outstanding rent, respond saying that in that case you will defend and counterclaim for compensation for being unable to use the room, including compensation for the first two months of your tenancy.
I would suggest that before you do this, you take photographs of the unusable room, or maybe a video, so that if there is any dispute about this later (for example if she tries to claim the rent off the deposit) you are able to prove what happened.
Make sure you keep a detailed record of all your correspondence with her and keep a diary of events, including the date when the items are removed and you are able to use the room.