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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think that my (upcoming) landlord should pay to put me in a hotel?

260 replies

RogelioMyBrogelio · 27/08/2018 08:32

I’m due to move into a flat next Monday, but unfortunately I’ve had a call today to say that the upstairs flat has had a burst pipe and my (soon to be) flat has significant damage to the ceiling, walls and electrics. An insurance assessor is coming tomorrow apparently, but my new (upcoming) landlord says I won’t be moving in next week by the looks of it. I’ve asked if she can put me up in a hotel until then, as my current tenancy ends next week too. She has said no as the new tenancy hasn’t started so she doesn’t have me covered on her insurance, and I also haven’t signed a contract (she did send me one but I was just gonna leave it until the day I moved in to sign it). I have given her a month’s deposit, which she has protected and is offering to send back to me today out her own pocket so I don’t have to claim, but what I really want is to be in that flat! a contract has been drawn up and dated 2 weeks ago so AIBU to think that the protections stipulated in that contract should apply to me (it says in the case of emergencies that the landlord will put the tenants up in a hotel)

OP posts:
ButchyRestingFace · 27/08/2018 09:29

Because it's not signed and you're still a tenant of your current LL.

Don’t give her ideas.

She’ll probably sign her copy now, then say to the LL, “oh, but I sent you back the signed copy 2 weeks ago...”. Hmm

AwdBovril · 27/08/2018 09:29

OP - when posters say that you should get legal advice, they probably don't mean start an identical thread in the Legal Matters section... if you want the thread moved, ask MNHQ & they'll do it.

Pinkunicorndog · 27/08/2018 09:29

What a CF.

pinkdelight · 27/08/2018 09:29

Agree with Mozzie - when this happened to us (pipes bursting, scuppering new rental we were about to move into), we had to give up on it immediately and find somewhere else to live. It took weeks if not months for the drying out and refurbishing process. This isn't a couple of nights in a B&B situation, even if your were sorted on the contract side of things. These things happen. Get your deposit back and find another flat, forget about this one and move on.

BlueSky198080 · 27/08/2018 09:31

I just asked dp how long it could take and he said ‘how long is a piece of string?’

Basically it depends on the damage, it could be weeks, it could be months, it could be many many months. It does depend on how much damage. Is it one room, or is it all rooms? How much water came down? How long was it happening before anyone noticed? Etc etc. Therefore no one here can give you an answer to that I am afraid.

puzzledlady · 27/08/2018 09:31

You haven’t signed the contract. Legally - you have nothing yet. Either wait or find a new place to live.

ButchyRestingFace · 27/08/2018 09:32

Well the landlord hasn’t signed it, nor have any witnesses, the document has space for these so I imagine it’s only valid when they sign and date it

And you haven’t faked their signatures yet?? Shock

FFS OP! Does MN have to do all your fraudulent cheeky fuckery for you???

Whatever happened to good old fashioned enterprise? Sad

TerfsUp · 27/08/2018 09:32

She’ll probably sign her copy now, then say to the LL, “oh, but I sent you back the signed copy 2 weeks ago...”.

I would love to see this go to small claims court on that basis. What's wrong with more lies?

kaytee87 · 27/08/2018 09:32

Well the landlord hasn’t signed it, nor have any witnesses, the document has space for these so I imagine it’s only valid when they sign and date it

And it's a good job it does have to be witnessed otherwise people like you would try to pull a fast one.

TerfsUp · 27/08/2018 09:33

I love you, Butchy. Marry me and have my children.

LeftRightCentre · 27/08/2018 09:35

And the tenancy will have a start date, which is a week from now.

BlueSky198080 · 27/08/2018 09:35

Look:-

You apply for a loan on line. They accept your application. They send you an electronic agreement for you to sign. They give you the money when you’ve SIGNED the agreement. Until then it means nothing.

I’m assuming the same sort of principle applies here🤷🏻‍♀️

grumiosmum · 27/08/2018 09:36

I wanted to do it last minute to protect myself

So if your circumstances had changed you'd have been happy to renege on the deal with your landlord? But now she's the one who's circumstances have changed you expect some kind of recompense.

There's a Greek word for people like you. Hpocrie.

Original poster
RogelioMyBrogelio · 27/08/2018 09:36

BlueSky no one was in from either flat so they don’t know how long it was happening for but the ceiling in every room is affected and the property management company has told landlord not to fully enter the property as it may not be safe

OP posts:
BlueSky198080 · 27/08/2018 09:36

(Disclaimer:- I have zero legal experience.....)

ButchyRestingFace · 27/08/2018 09:36

I love you, Butchy. Marry me and have my children.

Best offer I’ve had all millenium.

ButchyRestingFace · 27/08/2018 09:39

Dang, Rogelio, don’t it just make you wish you’d just signed on the dotted line all those weeks ago?

Splish, splosh ☔️ 🌧 💦 💧

LeftRightCentre · 27/08/2018 09:39

no one was in from either flat so they don’t know how long it was happening for but the ceiling in every room is affected and the property management company has told landlord not to fully enter the property as it may not be safe

And you are not the tenant. You're not in there, the contract has a start date of a week from now (you know, that day when you go to get the keys at the agency and you sit with with them and a fresh copy of the agreement and you all sign it together and each party takes a signed copy and then you hand over the first month's rent and then you get the keys?). You are not the tenant in situ. This person only owes you back what you paid. FA else.

user1492863869 · 27/08/2018 09:40

Presumably, if you were keeping open the option of not signing you also had a contingency plan to stay put or go somewhere else. I assume this plan was more affordable as you circumstances would have been worse if your job was at risk. Take this option.

You haven’t said if you paid a tenancy deposit or a holding deposit. Do you know which it is ?

BlueSky198080 · 27/08/2018 09:41

Dp says it sounds like whole new ceiling jobs etc. Could be looking at the best part of a year. Really depends on drying out etc. Then when contractors can get in, as people will be booked for jobs.

He said if we were in that position we’d be house hunting today. There would be no way we would be waiting out for it.

ballseditupagain · 27/08/2018 09:41

You haven't got any loss in legal terms as you haven't entered into the contract and are therefore not liable to pay her rent. She therefore doesn't need to make good
Your accommodation. Shit for you but like she says you are not covered on her insurance.

ReservoirDogs · 27/08/2018 09:41

Solicitor here (albeit non-practising) - you have no contract, you have no claim. (Everyone has said that - perhaps you will believe them now

However, you can ask your existing landlord if you can rollover on your existing tenancy. The current landlord will not have signed up with anyone else yet in case you do not move out. He would wait for the property to be vacant before doing so.

Therefore on a practical point of view

(1) accept deposit back
(2) ask current landlord to let you stay on
(3) decide (a) whether to stay where you are more permanently or (b) temporarily but waiting for new flat to be finished or (c) find somewhere new to move to (whilst temporarily staying put).

tempester28 · 27/08/2018 09:42

Sounds like she is backing out by offering you your deposit back. But it also sounds as though you haven't followed the normal procedure and have not been fully committed and this has been picked up on. You could stay with friends until it is ready and then start the tenancy from the date you can move in and so mutually amend the dates. I don't know what your legal position is for compensation but I would have thought morally speaking you should not get it. I have rented for years and there needs to be some degree of respect and good will flowing both ways for a successful tenancy.

Original poster
RogelioMyBrogelio · 27/08/2018 09:46

You haven’t said if you paid a tenancy deposit or a holding deposit

It was a tenancy deposit, and I have a certificate of protection

OP posts:
TacoFriday · 27/08/2018 09:47

I wanted to do it last minute to protect myself (I had a restructure coming up at work and luckily found out last week that my job is safe). I didn’t say this to her as I didn’t want her to revoke the offer of the flat, so just said I was away until the day before moving in!

So what was going to happen if you were made redundant and you decided to drop the new place at the last second? Were you going to stay at your old place with the high bills? You obviously had a plan in place and a place to stay, as you were planning on maybe not moving in anyway.* But now you’re figuring you can get the new landlord to put you up in a hotel for free?! It wouldn’t be free. You’d have to be paying her rent.