Rights as a tenant: claiming back rent?

Questioner

We have been renting a private rental property since October 1st of this year. This property has been left in a bad state and all the walls on the upper floor and attic need to be plastered. In addition, all the window frames in the attic need to be replaced. This is being done at the landlord's expense, but we will not be able to move into our home for the first month or even the second month anyway, because we cannot yet lay any floors and therefore cannot fit any furniture in it. However, we do pay rent, but we cannot live there. What are our rights as tenants? Can we claim back part of the rent? The house had been empty for a long time, so all this maintenance could have been done long before we moved in.

Lawyer

The landlord should have provided you with the enjoyment of the rented property from the commencement date of the lease, unless it was agreed that he would carry out initial repairs and that you would not be able to use the rented property during that time. Since this is not the case, you can reclaim the rent already paid. Furthermore, I advise you not to pay the rent still due until you can actually use the rented property.