Variant 2: T did not discover the mildew stains when inspecting the house before entering into the contact, even though these had already been present. Does this preclude her from claiming a rent reduction?

The fact that T did not notice the stains prior to entering the tenancy agreement does not preclude him from pursuing the remedies outlined above.

b)a noisy building site for a big road is opened by the city administration next to the apartment.

This eventuality is beyond the control of L and T. It is open to the parties to agree to a rent reduction in light of the changed circumstances. However, L is under no obligation to agree to any such reduction. In the case of a periodic tenancy, it is open to T to serve notice to quit and move elsewhere. Where there is a fixed term tenancy agreement, T may opt to leave on expiry of the term.

c) The tenants of the neighbouring apartment in the house have repeatedly and despite T’s complaints organised loud nightly parties from 11 p.m. to 5 am.

This is not a valid ground for seeking a rent reduction. T is obliged under the tenancy agreement to pay the rent as and when it falls due. As regards T's potential remedies in this scenario see Q. 26 below.

To the extent the landlord is held liable under a)- c): Could his liability have been lawfully excluded by a disclaimer clause contained in the contract?

In the case of a), although the 1992 Act and the standards regulations do not expressly prevent the parties from contracting out of the minimum standards provisions, it is very likely that a court would rule that the regulations are binding on the parties notwithstanding any contrary provision in a tenancy agreement.

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