No Water - Compensation?

[BenBet]

Hi all

 

Was just after some advice about a situation I have found myself in with my new flat.

 

Around a week before I was due to move in I was informed that for the first week of the tenancy there would be no water supply due to a mix up with dates between the council and the water company as to when the pavement / road could be dug up to allow connection. I was due to move in to the flat on the 28th June, and the water was to be connected on 6th July. I was offered and accepted a fixed sum in compensation which covered that weeks rent and a little extra, this is to be in the form of a rent reduction for month two. I arranged to stay at a hotel for a few nights and spent a couple of nights with friends. There are also two other flats in the same development in the same position.

 

Now the 6th has been and gone and I still have no water supply. I have been in daily contact with the managing agents who are firmly pinning blame on the water company (Affinity Water) who apparently are having trouble locating where to connect the flats to the water main! They are now saying they need to make a bigger excavation and to do so they need permission from some authority or other. To me this sounds like it could take a while, and in the meantime I'm having to use toilet facilities in a local shopping centre and take showers at work. Plus, of course, I can't prepare any food at home so I'm having to eat out. If this drags on I will have to arrange to stay with friends again.

 

The managing agent is full of apologies but doesn't seem forthcoming with any further compensation and when I mention it just says she'll contact the landlord and get back to me.

 

My question is... am I entitled to further compensation as the no water situation has extended beyond the initial agreed period? If so, what level of compensation should I be seeking? Just a rebate on the rent, or perhaps a little more for inconvenience? Surely I shouldn't have to be paying rent on a flat that is essentially not habitable? Any input would be gratefully received.

 

Ben

Edited July 9, 2014 by honeybee13

[rebel11]

Hi Benbet

 

Welcome to CAG

 

It has nothing to do with the water company. The Managing Agent is responsible. Don't speak to them over the phone. Write a letter detailing the compensation you seek. Explain that the water was meant to be turned on before you moved in and because you've had to make alternative arrangements there is a cost to them. Send the letter Recorded Delivery.

 

If other tenants are in the same position, try to group together, a single letter for the group.

 

http://www.adviceguide.org.uk/nireland/housing_ni/housing_renting_a_home_e/tenancy_agreements.htm

[raydetinu]

You should certainly not be paying for a flat that you cannot use; full rent rebate for that time/ or they pay for hotel.

If they cant give you a date, then IMHO contract would be void and maybe suggest you look for somewhere else.

[BenBet]

Many thanks for your replies

 

I have since been informed by the managing agents that Affinity Water has applied for permission to dig up the road in order to connect the flats to the water main, this involves the suspension of several parking bays and the permits to do this apparently take a few days. So I have been told that the best case scenario will be connection on Saturday 12th. I somehow get the feeling that this will not happen so have arranged to stay with a friend.

 

I have spoken to one of the other tenants and they are also keeping up the pressure on the managing agent to provide adequate compensation. Once the whole debacle is over I am thinking that I shall request in writing the reimbursement of rent for the period the property has been uninhabitable and a reasonable payment for the inconvenience (any ideas what that should be?). I would have thought that the return of rent is the bare minimum the landlord could offer, whether or not they get compensation from Affinity Water isn't really my concern.

 

If the landlord / managing agent decide to play hard ball and refuse compensation what avenues are open to me to push the claim further?

 

Regards

 

Ben

[mariner51]

I depart slightly from previous opinions.

MA informed you of delay in connecting water supply for 7 days of T (reason beyond LL control) and you accepted fixed compensation for 'inconvenience' for that period. LL/MA had no control over subsequent delay and a daily rate for inconvenience has been set.

Maybe LL should not have provided property on due date without a water supply, but you accepted situation.

The main culprit is Affinity Water for poor Project management/achievable completion date. I believe Ofwat has defined compensation tiers for periods without supply, so perhaps that is your starting point. All affected flat occupants should get same compensation for similar denial of service.

Does LL own all the flats?

I would suggest Affinity Water's liablility is your concern as you appear to be entitled to at least pro rata amount of any compensation they have to pay. Anything extra is a bonus.

[Steve__M]

Anything extra is a bonus...

I disagree that anything extra is a bonus.

 

Tenant was informed only one week before tenancy began, and was informed that inconvenience would be for a limited amount of time. The level of inconvenience for two weeks is more than twice the level for one week, as you get tired, fed-up, full of greasy pub food, short of clean clothes etc. etc.

 

Put it this way, would LL have been able to rent the property if prospective tenants knew in advance that there was no water.

 

Ofwat guaranteed levels are only £10 a day, which is miserly.

 

http://www.ofwat.gov.uk/consumerissues/rightsresponsibilities/standards/

 

Edit: In part it might depend on the circumstance. Is this a new flat where connection is late and therefore which could have been anticipated. Or has some unforseen problem emerged that LL had no control over.

[raydetinu]

LL should not of let flat knowing there was a problem with the water supply.

It is entirely the LL responsibility to compensate tenant. ( LL may go after the water co.as a separate issue. ).

[mariner51]

Sounds like a new build. Could the LL be the developer?

Complaint to Ofwat about Affinity Water lack of project planning?

[BenBet]

Thanks again for all your replies.

 

I have contacted the Citizens Advice Bureaux to see if I can get a definitive answer on the compensation issue.

 

I do appreciate that the landlord has no control over the poor performance of Affinity water. However, I have a contract with the landlord to provide me with a place to live in return for rent. The property is uninhabitable without water so surely the landlord is failing to fulfil his end of the bargain? Why should I have to pay for somewhere I can't live?

 

Anyway, I shall see what the CAB say and take it from there.

 

Cheers

 

 

Ben

Edited July 11, 2014 by BenBet

[mariner51]

However, I have a contract with the landlord to provide me with a place to live in return for rent. The property is inhabitable without water so surely the landlord is failing to fulfil his end of the bargain? Why should I have to pay for somewhere I can't live?

 

 

 

Given above reply #9 you have minimal claim against LL.

Still waiting to hear if LL is the developer?

[Steve__M]

inhabitable

 

Obviously Ben meant to say uninhabitable

[rebel11]

Type, 'u' is pretty close to the 'i' on the keyboard.

 

inhabitable

 

Obviously Ben meant to say uninhabitable

[BenBet]

Yes, I most definitely meant uninhabitable!

mariner51: Yes, the landlord is the developer.

 

Thanks for all your help and advice everyone. I shall wait until I hear back from CAB and then decide how to play it. I have just realised I also have access to legal advice through my work, so I may well make use of that if required.

 

Regards

 

Ben

[BRIGADIER2JCS]

We have the misfortune to live in an Affinity water area, slow is an understatement!

[Steve__M]

How "new" is the development? Completely new, or a refurbishment?

 

Should the Building Control Officer have been informed, and have they been informed?