Compensation for rental damage

Questioner

The landlord has given compensation as compensation for not being able to live in the basement due to the water leakage. The water leakage resulted in my room being unliveable for 5 weeks. The entire house is rented by 2 house sharers, for a temporary period of 2 years. The compensation was a total of 1125 for the 5 weeks. We share the rent and it is 750 pp. We have agreed on a proposal for the compensation together. The landlord has given the compensation based on reduced rental enjoyment for the living space as a whole. Because it is not actually up to the landlord to determine who has had the least rental enjoyment, that is also a difficult subject between the house sharers. We entered into discussions to come to a fair division for both, which took time. My co-tenant eventually withheld part of her rent, in order to claim her share of the compensation, which was not mutually agreed upon. I believe that I am entitled to a larger portion of the compensation, because I experienced all the nuisance and inconvenience and the other person was able to use all the rooms and live normally in her room. I would like advice on whether I can take legal action in this matter, because it feels very unfair and unacceptable how things have turned out.

Lawyer

If I understand correctly, it is a matter between the house sharers/co-tenants; the landlord is therefore not involved. If I understand correctly, you and the landlord have agreed on the compensation. You must therefore arrange between yourselves how you divide the compensation. If the co-tenant has already claimed a portion by applying a discount on her rent, and this deviates from your mutual division, then this will have to be settled in the mutual understanding between the co-tenants. Of course, it is reasonable that the co-tenant who suffered the most from the water damage receives the largest portion of the compensation. If you cannot reach an agreement on this, going to court is of course an option, but the costs of this may be higher than the amount of the compensation, so it is best to settle this matter between yourselves.