Hi there, I hope you can assist me. We took up our lease about 1 and half years ago. We drew up a snag list when we first moved in where damp was noted as well as where we believed it came from (I am an engineer). The owner only fixed the source of the damp about a month ago. Now the owner wants to fix the actual damp which is both internal and external. The internal damp will require us to lose a room due to dust etc, and the owner refuses to provide protection for our furniture or even moving it from the room saying he will not accept responsibility for any damage nor protection for our furniture. I find this very perplexing as most companies who fix damp would ensure that the room and values are protected unless the owner is going to use his handy man to fix it which is his right. We are not happy that the owner is expecting us to pay for storage or protection as we feel this is an owner problem. The dust this will create is another concern as well as the loss of that room for the duration of the repair. Also there is no space for us to move the furniture out of the room to store it. Can we refuse? Can we insist that the owner compensates for the inconvenience? Can we insist that the owner ensure our furniture is protected?

At this stage we have no idea but from previous experience based on the size of the damp it could take a better part of a month as once they open up the damp areas it needs to dry - as a matter of interest the windows on the main wall where there is damp cannot be opened. Owner is not interested in rental adjustments during the repair period

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Please keep in mind that our discussions is for general information purposes only. Our engagement on this website does not create an attorney-client relationship.

Can we refuse? -- Your lease agreement probably gives the landlord the right to effect repairs to the property. So I don't think that you would be able to refuse the repairs. 

Can we insist that the owner compensates for the inconvenience? -- You could definitely ask for this. The one way to calculate compensation would be to work out the value of that room that you will lose for the month (or whever period). e.g. if the room accounts for 10% of the premises, then you could ask for a 10% discount on the monthly rental for that period of time that the repairs happen. You actually have a right to adjust the rental if you can't have 100% use and enjoyment of the property. It is called a remission of rental claim. If you can't reach an agreement with the landlord, you might need to litigate about this dispute. 

Can we insist that the owner ensure our furniture is protected? -- I don't think so. You must protect your own furniture. Or, you must ask the damp company to assist with protection. But I don't see any legal basis for demanding that the landlord pay for this, or for storage of your furniture items. Sorry.