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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:
NotTheWayISeeIt · 27/08/2018 09:47

.

BlueSky198080 · 27/08/2018 09:48

This really doesn’t help but dp just said shame it didn’t happen before the heat wave as the drying out would have been super fast compared to normal! But on a serious note, as the weather is beginning to change, depending on the type of building etc, will depend on drying time. If it’s a warm insulated building it will be a lot quicker obviously than an older less insulated. But as it starts to get damper then the longer the drying time.

FuckPants · 27/08/2018 09:49

I like how the OP is sidestepping every post where she is called a hypocrite, brass balls or what Grin

LeftRightCentre · 27/08/2018 09:50

The tenancy doesn't begin until the day you were due to move in, OP. Do you just not get that? You haven't lost any money, she's offering it back, so what exactly are you assuming you can sue her for in damages (maybe agency fees at most?)? The LL has not signed the contract, you haven't signed it.

PurpleMoodyRazu · 27/08/2018 09:50

The deposit is usually only that, a deposit, it is not a legally binding contract or a substitute for one. The landlord would not have to grant you access to the property next week, absent current issues, without you first signing the contract. Your current financial problems with your living arrangements are just that, your problems not the landlords. Stop being a cheeky fuck and grow up.

It's shit when a change in someone else's circumstances inconveniences you isn't it. Maybe you will keep it in mind next time you want to have the flexibility to pull the rug out from under someone at the last minute.

Hellywelly10 · 27/08/2018 09:50

Op you need to talk to your new landlady about how long repairs will take. My flat was water damaged we could still live in it, repairs took a few days. My friends flat was water damaged she had to stay with me for a month. Or have you had a disagrement with her already op?

eddielizzard · 27/08/2018 09:52

OMG I must bookmark this thread so that if I ever think about becoming a LL, this will stop me.

DuchessThingy · 27/08/2018 09:52

This reply has been deleted

Message withdrawn at poster's request.

LeftRightCentre · 27/08/2018 09:52

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

That is not an AST signed by both parties (and presumably the agent as well). THAT is an agreement to rent to you and for you to pay the rent from the start date. If the LL gives a reasonable amount of time to rescind the offer (and again, that is with an agreement signed by all parties involved) or has reasonable excuse to do so, then you have no claim! You sure as hell cannot order her to put you up in a hotel!

BlueSky198080 · 27/08/2018 09:54

I’m wondering how long it will be before the OP asks for her threads to be taken down by claiming that they’re outing

I was just thinking the exact same thing!

Ignoramusgiganticus · 27/08/2018 09:55

Well we don't often get a self confessed CF on here do we?
We often wonder who these people are. Well now were found ourselves a pet one for us to amuse ourselves with. She just can't see it can she?

NoSquirrels · 27/08/2018 09:56

I really don’t want to start the process over again for looking for another place to live

Understandable. It sucks. It’s bad luck —or regrettably quick karma, depending on your point of view—

But you have to live somewhere. You can’t luve in that flat RIGHT NOW. It is uninhabitable. You CAN probably stay where you are, even if it’s expensive short-term. You CAN look for another flat.

But legally the LL has no current obligation to house you. So stop looking for a loophole - there isn’t one.

cheesefield · 27/08/2018 09:56

.

Knittedfairies · 27/08/2018 10:00

So you ‘protected’ yourself by not signing the contract, the very contract you’re expecting her to honour?

AnyFucker · 27/08/2018 10:02

All that you have protected is your deposit. No more. Finito. And she has offered that back.

If you had not played silly buggers and actually signed the contract things might be different for you now. Sonetimes, karma does do it's job.

FrancisCrawford · 27/08/2018 10:06

This reply has been deleted

Message withdrawn at poster's request.

SpottingTheZebras · 27/08/2018 10:07

I’m not a solicitor but I do rent out a property so I can tell you with complete confidence (because this has happened in reverse to me before) that the deposit is meanless in this situation. The contract has not been signed so you have no grounds at all for any compensation or even to be allowed to move into the property at any stage in the future.

AllyMcBeagle · 27/08/2018 10:12

I agree with others, IMO if you had paid the deposit and moved in you could probably imply acceptance of the contract by course of conduct, but not at this stage. I don't practice in this area though so would always reccomend seeking proper legal advice.

And I do think it's very cheeky to want to be able to leave it to the last minute to sign so that you can get out of the tenancy if it no longer suits you, but to expect to be put up in a hotel because there is a problem with the property now Hmm

Original poster
RogelioMyBrogelio · 27/08/2018 10:13

I don’t think it’s out of the ordinary to sign until absolutely necessary, LL wouldn’t be out of pocket as she could keep my deposit which is a month’s rent which gives her a month to find someone else so how is she out of pocket?!

OP posts:
TerfsUp · 27/08/2018 10:16

This is the thread that keeps giving.

Keep up the good work, OP. Your posts are endlessly entertaining.

ReservoirDogs · 27/08/2018 10:16

She wouldn't keep your deposit because legally she wouldn't be able to.

AllyMcBeagle · 27/08/2018 10:19

She wouldn't keep your deposit because legally she wouldn't be able to.

^ This

PurpleShepNeedsToGoToBed · 27/08/2018 10:20

You didn't sign the lease. Cheeky fucker aren't you? Wanting the legal rights which that contract concerts without legally commiting yourself.

Hooe you find somewhere else (so the landlord doesn't have such a shit tenant)

FrancisCrawford · 27/08/2018 10:20

This reply has been deleted

Message withdrawn at poster's request.

Nanna50 · 27/08/2018 10:22

Seems like karma to me and if the landlord was on MN then at least they would have the heads up to not rent to you at all. Can karma get you twice? Wink

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