AIBU to refuse temporary accommodation for external work to our home?

Sobthey may need to go in the loft.

They aren’t asking for Op to nicely let her in so they can use the loo, they are demanding they move out to unsuitable accommodation for an unspecified amount of time so they can have access to her house. It’s not a weird mumsnet thing to not be comfortable with that

I would personally be happy for a workman to use my loo and I regularly make hot drinks and offer biscuits to the guys we've had working on our house recently, though. I don't share the apparent MN preciousness about nobody using my loo. Bathrooms are cleanable, and I think there are nice ways to ask them to be considerate, not tread mud through the house (buy some cheap extra doormats for all the entrances, in and out, they'll get the message), and not leaving the bathroom in a state.

It may be an insurance risk for them if the property is occupied whilst the work is being carried out.

It sounds like a lack of communication here. The contractor has said they need x,y (eg occupants not in situ) the client (LA) did not ask why and now are stuck between you and the contractor, because the proper consultations.and explanations were not gone through with you at the start.

So there may be a good reason ( eg toxic vapour), or it might just be easier for the contractor (eg not having to allow for you entering and leaving the property) so part of the agreed price.

Have your neighbours all moved out? Is there somewhere else (eg a hotel, air bnb) that you could use that was actually doable?

I don't blame you for digging your heels in till you get a logical explanation. I don't think youve had one yet.

Sounds like the LA don't want to shell out for a portaloo for the duration! That said, it's just possible, I suppose, that they want tenants out on a H&S reason - maybe noise levels (I'd bet the farm that the guys they have in won't be wearing ear protection though), risky dust levels (though surely if it were that, they'd ask you to remove all your stuff too?) or any chemicals they're using? I'd want to know exactly what substances they were using and whether they continue to off-gas for a substantial period after use. You can ask to see the safety certificates for substances.

Or maybe it just comes down to, they won't pay for an external loo and the guys want to plug things in.

What are the works being done?

No you absolutely do not have to leave your home, they have no legal basis for you to be temporary decanted.

Email them with the following

I do not agree to a temporary decant. You have confirmed that the works are external and do not require access to the inside of my home.

Under section 11 of the Landlord and Tenant Act 1985, my obligation is to allow reasonable access only where internal access is necessary.

There is therefore no legal basis for requiring us to leave our home.

A decant can only be required where it is essential and proportionate.

The Housing Ombudsman makes clear that landlords must consider the impact on vulnerable household members.

We have a disabled child, and moving to unfamiliar accommodation would cause significant distress. This must be taken into account under the Equality Act 2010.

I also do not consent to my home being used as welfare facilities for contractors. Providing welfare facilities is the responsibility of the landlord or contractor, not the tenant.

I am willing to tolerate noise and cooperate with external works, but I will not vacate my home or provide welfare access.

Please confirm that the works will proceed without requiring a decant.

Yeah I’d be saying no too.
When I rented (private rent) our boiler packed up. Informed the landlady, who said she’d send someone over. That someone never came as far as we were aware. I was pregnant and ended up staying home on a random day because I was so sick and just not well. Came downstairs after a bath to try and get some tea and toast to find three workmen in my kitchen, eating my biscuits, using my toaster and kettle. Asked them how they got in? The landlady had given them a key.
So I screamed, called the police on them trespassing and got all the locks legally changed through the estate agent. Eventually had the boiler fixed when my dad was free to come and sit with me.
It sounds very much like they want to uproot your lives for the sake of the workmen having a cuppa and a wee! Absolutely not! Ask for everything in writing and keep pushing back. Your SEN child is enough of a reason.

Maybe they have a contract with the contractors that the properties need to be empty (or they used best endeavours for properties to be empty) during the works and the contractors priced on that basis. And the insurances are given on that basis for the works. Just speculating what it could be.

It's some years since I was involved in social housing however I don't think the wording here is technically fully correct in saying it's not the OP's house - the OP will not own the freehold, however legally on most social (and private) tenancies the house is the tenants home.

Requests to vacate it temporarily must be reasonable and it would be good practice for the managing organisation to work with the tenants to carry out the work in a way that minimises disruption and considers the household's needs.

It won't be just so they can use the toilet. Removing the exterior (I presume harling) will be noisy, dusty, and very challenging with occupants in resident. They need access to large quanties of water I would presume. Have to stop work and escort you in and out of the building. Turn of power at points. And asbestos is a possibility.

I understand why the offered accommodation isn't suitable but have you asked for more suitable accommodation. Thats what I would be pushing for.

Check with your insurance company how they would react if you were not in residence and builders had access to the house.

If it’s roof work there could be structural issues that make it dangerous to be in the property while they are doing it. They may need access to the loft perhaps and to isolate electrics etc. Maybe they have to use chemicals if they are doing damp and mould prevention.

A few years ago they did a massive amount of work to my property. Electrics, bathroom, kitchen, taking out a wall and chimney. We moved out to my mums place for a couple weeks. Left them keys and just popped back each evening for a debrief from the guys doing the work. Left them a kettle and tea/coffee, biscuits etc. Much easier than trying to live in the house while it was going on.

Are they disturbing asbestos? The damp proofing stuff is highly toxic isn't it?

What does your tenancy agreement say about temporary relocation? The LA need to be more specific about what works are being done and why they would prevent you from staying in your home. On the face of it, none of what you've said they need to do would be cause to have to leave.
I would get it all in writing; exactly what works need to be done, maybe a schedule, and why each thing would be unsafe for your family. It can't just be noise. I'm in a HA property and they're replacing the roof right now. They're so loud, but not loud enough that we had to leave. My kids are both ND, and they could tolerate the noise a lot more than they could having to move out.

Also, as you have kids with SEN, they need to at least have spoken to you to see if there is anything else they can put in place to help you. Temp acc wouldn't even be safe for one of my kids and and I'd at least want an OT to approve it and for the HA to make any adaptations first.

I don't know if Shelter might be able to offer some advice.

Your tenancy agreement will outline your requirement to give access for repairs, reasonable access. They may enforce this. But more likely they will work with you to meet both needs.

its more likely a H&S issue that means they need or would usually require the property empty while works are ongoing. They may need access to water (on/off),

there is usually a project manager, might be worth discussing options as opposed to just saying no.

is the work required? Did you request it? Was it planned? Work can be stopped if you don’t make it possible. What’s the outcome you want?

It's possible they would need access to the interior to isolate any electrical or mechanical things, as they may need to disconnect them to undertake the work. Things like external lights, taps, etc.

But I agree that it seems unnecessary for you to have to vacate because of this.

Ask them to make a reasonable adjustment to their policy on account of you having disabled children. Say that if they don’t you might consider it discrimination under the Equality Act 2010. To be honest, I think if there are safety or serious financial consequences then it is probably arguable whether that would be a reasonable step to take but it may be enough to make them shut up, especially if it really only about access to the facilities.

As to the person who said “why do you have to be so difficult”… I have no words. I take it you do not have any disabled family members!

So they want you to move out for weeks just so they can use the loo?

Are they going to be cleaning it afterwards?? I would not be happy with workmen having free access to my house and belongings, while I'm not there.

Why do you have to be so rude? They aren’t even asking for access, they are demanding she move out so they can have it.

I wonder whether it could be something to do with you having children, so the workmen might need to be DBS checked to be able to come in to use your loo on a regular basis. But I don’t know why they couldn’t hire a portaloo (cost I suppose).

I wouldn’t move out of my home so people working on the exterior of my home could have unlimited access to the inside of my home, with all of my possessions, just so they can use the toilet!

what a ridiculous suggestion!

It could be to keep you safe. Entering and exiting a building with work like this going on could be dangerous.

I wouldn’t leave keys for access though!

Because typically builders leave an atrocious mess? Because you don't want strange men in the house when you have children, never mind children with additional needs? Because the LA should be making provisions instead of forcing the OP to leave her home? And maybe not lie from the get go?

Why can’t you just let them use the toilet if they need to. It’s hardly as though they’ll be in there all day.