Landlord initiated renovation

I live on the top floor of an old-ish building and the landlord has initiated a massive renovation of the rooftop. Other than the fact that use of the rooftop is included in the rent and the noise right above our heads is making it impossible for us to spend the day here (my wife works from home), the renovation has begun to damage the structure of the apartment.


Also, the construction work started while it was raining so now we have leakage, seepage and mold all over our ceilings and walls. We are also facing large chunks of plaster peeling off and falling all over the apartment. The landlord has told us that all these problems will continue for the next few months until the renovation ends and has refused to do anything.


Do I have any recourse? I have 3-4 months left on my lease including the 2-month notice.

stop pay rent and move out early

If the rent includes the use of the rooftop as you say, then subject to the Agreement, you would usually have exclusive use of the rooftop.


There could be issues of trespass and breach of implied covenant of quiet enjoyment depending on the content of the contract. In general, according to common law principles, unless otherwise specified in the lease, a landlord has the implied duty not to directly or indirectly interfere with or affect the purpose for which the property was let to the tenant and his reasonable enjoyment thereof. However, whether your case has a good prospect of success also depends on whether the landlord is making necessary repairs and has taken all reasonable steps to prevent the annoyance.


At the very least, if the landlord in repairing one part of your flat has damaged another, the very least he could do is compensate you.


Weir & Associates

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Email : WeirLaw@WeirandAssociates.com

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