Legal advice for rental problems - Legal Advice Centre

Questioner

I have been living in a rental property from a housing association since May 2011. When I accepted the property, it turned out after 2 days (it was not noticed at first because everything is evenly gray) that the concrete floor in the living room, kitchen and bedroom contained large height differences. After (telephone) contact with the landlord, I was told that these height differences fell within the acceptable standards. I then (with great difficulty), together with an acquaintance who is a contractor/carpenter, laid a laminate floor in the house. This floor now 'works' every summer, despite sufficient space at the skirting boards and therefore breaks at the seams because the height differences under the laminate are too large to allow 'normal functioning'. Last month I contacted the housing association again because I would encounter the same problem again when replacing this broken laminate. The supervisor who now came (after much insistence on my part) found that the height differences do not fit within the acceptable standards, namely they are larger than 15 mm per m2. The housing association is now going to have the floor milled and leveled. But... I have to take out the furniture and the laminate myself, during the work my 2 cats and I cannot be in the house and afterwards I have to put everything back in the house myself and place it... When I indicated that I could not fit 3/4 of my house in 1/4 of my house because it simply does not fit I asked if they would pay for the storage. The landlord then came with the contractor who is going to repair the floor and suggested that I first put the contents of the kitchen/living room in the bedroom and study, the contractor then saws a piece of laminate in a doorway and removes the laminate and stores it in a small container in front of the door, then they do the floor, then I get time to put the laminate back/or new laminate in the room, take the stuff out of the bedroom, the contractor then takes the laminate out again and starts on the bedroom. I then have to put new carpeting myself and put the furniture back. In itself I would agree with this course of action because I do not want to burden the housing association with costs but: I do want the certainty that if damage occurs to my furniture/property that this will be compensated, after all if these are placed in storage by a professional mover the mover is liable for any damage. My home contents insurer will not compensate for this either, nor the floor, nor any damage, it turned out when I asked my insurance agent. The landlord is not liable for any damage to the tenant's furniture and/or property. I asked the supervisor if it is possible to suspend the rent for the duration of the repair and the days that I cannot live in the house because due to this 'back and forth sliding method' the repair time is not 3 days but probably 1.5 weeks. I will have to pay for a new laminate floor myself and make every effort to clear the floor and make it ready for the repair work and temporarily have to accommodate myself and my cats elsewhere. The housing association states that because this is a repair, a service that I want myself, and they are not liable for the costs that I have to make for this. I state that if they had discovered the defect at the time that I reported it at the start of the lease, and the floor could have been repaired before I had put in my carpet and furniture, then I would never have had the costs of a new floor, temporary shelter for myself and my cats and possible damage to furniture and/or property. Furthermore, I would not have had the prospect of 1.5 weeks of hard work, stress and interruption of my living pleasure. What can I demand/demand from my landlord in this situation?

Lawyer

Dear, without knowing all the details, my conclusion is that you can (partly) recover your costs from the landlord. After all, he rented a home to you that apparently does not meet the applicable (housing) standards. I understand that the landlord wants to avoid this and states that she cannot be held liable for the costs. I think this is worth investigating. If you would like to discuss this further, you can contact me directly.