Landlord downsizing skyline view balcony by 50% mid-lease & has offered no compensation. What are my options?

Question

Balcony in question is fairly large, maybe 5X10. Balconies were added several years ago during a renovation. Local historical preservation committee approved the balconies and renovations. US Parks Department says they must go. The compromise reached between landlord and US Parks Department is to reduce the size of balcony by 50%. I want to stop this more than be compensated (ie reduced rent), as I will no longer be able to enjoy cooking out, sitting in front of the chiminea, or have friends and or family over to watch fireworks from a fantastic vantage point. The landlord has already told me there will be no reduction in rent. This seems like a breach of contract to me. I would like to know if I have any options to stop this from happening and if I have any right to compensation, and if so, what is reasonable compensation.

Answer 1

It sounds like you live in a listed building. That's the only way the US Parks Service would become involved in the issue. As such, any modification of the exterior of the building must be approved at all levels. So, there's no way that you can stop the "de-renovation" if the work wasn't properly approved.

Now, as to the issue of compensation. Well, only you can decide what it's worth to you. But I know how you feel. I rented a terrible place many years ago that had a stunning 20 by 20 tiled porch off the master bedroom. The house was way too tiny, had no insulation and cost a fortune to heat, and didn't even have any cabinets in the kitchen. But the view of the rolling hills and forest from the balcony and the Bing cherries on the tree that overhung a corner of it made it worth a king's ransom. If I had to sue in small claims court over losing it, the pics (and some cherried for the judge) would have won my case hands-down.

Tell your landlord what you expect, and make sure that he understands that you WILL take him to Small Claims Court over it as he has not delivered what was promised when you rented the place. Make sure you have plenty of photos of what you have now and maybe mark off an area to show the judge what you'll have after the mods are done. The landlord screwed up by modifying a listed building without proper permission and now he has to pay the price.

Good luck!

Answer 2

England/Wales Both sides have rights in law. The landlord has a right to enter his property The tenant has a right to "quiet enjoyment" (to be left alone!) The only way a landlord can exercise his right if the tenant refuses access is with a court order. A court order will be expensive (£175) and take a long time to get - and there is no guarantee that a judge would grant it. So, your landlord is unlikely to go down this route. However, although you can prevent these visits, it is not wise to do so if you want your move-out to run smoothly and you want a decent reference. The answer is 'negotiation'. Tell your landlord that he can arrange viewings at a certain time (say Tuesday 6-8 and Saturday 10-12) and that you will need 24 hours notice. Don't forget that you do not have to move out at the end of your lease - section 5 of the 1988 Housing Act gives you a right to continue on a periodic (monthly) tenancy until correct notice/court orders are issued. If you do stay, your contract remains the same but if the property is sold, the new owner becomes your landlord and you retain exactly the same rights.

Answer 3

You might, but you probably wouldn't want to spend that much money on a suit for compensation and damages, especially if they had to reduce them as part of a deal with the government. Usually, the balcony square footage is not considered part of the "living space square footage."

Your best way to vote is with your feet . . . as in, leave at the end of your lease.