Eleven weeks of hell in Lancy
Eleven weeks of hell in Lancy
"I'm a tenant in a ten-storey block of flats and the owner has decided to bring all the kitchens and bathrooms up to standard. During the 11 weeks of work announced, all the tenants in the building will be deprived of their bathroom (toilet and shower) and their kitchen, and there will also be a worksite in each flat. A "spare" shower room is available on the ground floor next to the entrance, but there is no security code and it can get very cold there in winter. The management company has asked for all the keys to the flats so that the workers can have free access, without paying us any compensation. What can we do?
Y., Grand Lancy
By law, the landlord owes the tenant a guarantee against defects. The definition of a defect and the issue of the guarantee and rent reduction have already been developed in the "Too many people for a lift" column of 28 October 2013. Let us simply remind you of the following: if the tenant is prevented, through no fault of his own, from using the property, he has the right to ask the landlord, in addition to restoring the property, for a rent reduction proportionate to the hindrance for the entire duration of the hindrance. A defect is deemed to exist as soon as the actual condition of the premises no longer conforms to the agreed condition. In this case, the conditions for obtaining a rent reduction have clearly been met.
Any compensation paid by the landlord can only be claimed if the tenant has suffered a loss for which the landlord is responsible, for example hotel costs if the property is objectively uninhabitable.
According to your explanations, the aim of the work is to "bring the property up to standard", which suggests that it is a question of restoring the property to its original condition or fulfilling the landlord's duty to maintain it for the benefit of the tenant, who may be obliged to tolerate the work. In the case of renovation works, the situation is different and, under certain strict conditions, they may be refused by the tenant.
In either case, however, there is a right to a rent reduction. If, after duly expressing your wish, the rent reduction is refused by the Régie, the safest course of action is to apply to the Conciliation Board. Depending on the judge's decision, you may, for example, be able to claim compensation for rent paid "in excess" and reduce or cease payment of subsequent rents by the amount of the reduction granted. Reducing your rent on your own is legal, but strongly discouraged because of the possible consequences if the reduction is too great.
