AIBU to expect landlord to put me up in an AirBNB during major building works?

[AvocadosBeforeMortgages]

Just looking for some perspective.

My rented home has rising damp. The plaster will all need to be taken off, right back to the brick work, and remedial works done. This is going to entail weeks of awful noise, dust and disruption.

I work from home (self employed) and due to the nature of the work I'll not be able to do it when there's lots of dust / disruption, and it's not laptop based so I can't just go to the library / coffee shop every day (I use special equipment, and need access to things like running water). Like all self employed people, if I don't work I don't get paid, and this could prevent me from earning for weeks. I'm also not sure where I'm meant to sleep - it looks like all the plaster in my bedroom will be coming off.

AIBU to expect the landlord to put me up in a short term Airbnb let of equivalent standard to the home I rent while the works are going on? There's no one I can stay with in the local area.

Some landlords in this type of situation issue a notice to get vacant possession to carry out the works

I don’t think self employment is relevant in this case. Although it is to you, but that’s not your LL concern. However building work like that should really happen while the property is vacant. Are your belongings safe from dust etc. Yes, I think you should be reimbursed with a travel lodge or similar. What would you do if it was a property owned by you and you were having the works done?

I'm not actually sure what I would expect. Is there a legal requirement here in terms of what he should do?

I would expect to be out for at least the most disruptive parts.
And definitely when there is no running water

What would you do if it was a property owned by you and you were having the works done?

I'd schedule it during my quietest period work-wise (not the busiest, as the landlord is proposing), and put myself up in an AirBNB - but I can't afford to pay rent on a flat I can't use and an AirBNB too.

Some landlords in this type of situation issue a notice to get vacant possession to carry out the works

The landlord is going to struggle with that one - I'm still in the fixed term of my tenancy, and will be for some time to come. And I don't see why I should be evicted - I've paid all my rent and looked after the place, done everything a tenant should do and more. I don't want the disruption and upheaval, and added expense.

Could the land lord waive your rent for the period and you could use that to book and Air bnb?

You don’t have to allow the LL access to your home. You can refuse the work. But I imagine it’s in your interest that’s it’s done.

Are you using a LA or is it direct to the LL. I’d ask for some agreement to be reached. Tell LL you need to move out, and cover your stuff with dust sheeting etc. Pack away as much as possible to boxes. Ask for payment towards a hotel room. Or ask for a rent reduction to pay for the hotel.

Yes god! At least you should be paying a massive rent reduction
When this happened to me. I paid for a hotel and reduced the rent.

You certainly shouldn’t be paying rent while the work is done. Do you need to stay local while it’s done? (Since you work from home, can you go to friends/family elsewhere?)

just a point I know someone in social housing who had leak from flat above so they had to move out & do you think housing association paid for other accommodation? Nope! they took about a month. re damp - what happened in a old house I know of was they put up plastic over door & with door shut it did restrict the dust (mostly) to one room nb what you are saying is not that you wont have water in your flat but that you can't go to library because you need water for your work. Memory serves me right - I think it took a few dusty/noisy day to remove plaster & making holes & rest of time was re-plastering & redecorating which wasn't that bad ( what are you doing about the things in your room - you will need to move & cover stuff & presumably they are going to need new floor covering?

What would you do if it was a property owned by you and you were having the works done?

I think this is a silly question as it’s not her property so she doesn’t have to concern herself about this in the slightest.

@AvocadosBeforeMortgages You should either be put up elsewhere or have to pay
No rent that month. What about your possessions though?

Er! The land lord puts you up. I had landlord insurance to cover things like this. For instance if there is a fire the landlord puts you up and you pay the rent as normal.
Bottom line is lots of landlords will hand you a section 21 and do it when the property is vacant as it is cheaper.
Dig out your contract and pay a visit to the council.

I think it depends on how much plastering. If it is just the one room, it seems unreasonable that you can’t use the rest of the house. Plastering on brick (wet plastering) also does not create a whole lot of dust and they usually put up plastic barriers.

If it’s the entire first floor, then I agree with advice to get reduced rent and use that to get a hotel.

I think it depends on how much plastering. If it is just the one room, it seems unreasonable that you can’t use the rest of the house. Plastering on brick (wet plastering) also does not create a whole lot of dust and they usually put up plastic barriers.

It's not putting the plaster on that worries me from a dust point of view - it's the initial bit where they hack all the plaster off and take it back to the brickwork that worries me.

It can't be a hotel as I couldn't run my business from a hotel, I wouldn't have access to a kitchen so I'd have to pay to eat out every day, and I've got a dog (with landlord permission) which rules many hotels out anyway.

What would you do if it was a property owned by you and you were having the works done?

In addition to my response above - the landlord painted over the damp before I viewed it, so I had no idea there were problems, because they'd gone out of their way to hide it. Naturally, 2 months in, it was very evident. If I was buying the property, the surveyor would have picked it up and I'd have run a mile from the property.

If I'm paying for a two bed flat with a garden in the local area, I expect to get a two bed flat with a garden in the local area throughout my tenancy!

"I don’t think self employment is relevant in this case. Although it is to you, but that’s not your LL concern"

Well i assume this is how shes paying the rent. Unless hes willing to accept magic beans.

When my flat had similar, I took legal advice and issued a notice as the house was not habitable. I returned my tenant’s deposit plus a refund of that month’s rent. I don’t think finding you an AirBnB is reasonable.

If I'm paying for a two bed flat with a garden in the local area, I expect to get a two bed flat with a garden in the local area throughout my tenancy!

Hmmm. Actually you sound very demanding. Has your landlord offered you anything?

I gave tenants a rent reduction (to £0) for a period of a very cold winter they were without heating or hot water. According to the letting agents I didn’t have to as I was taking reasonable steps to get the boiler repaired, but we felt it was the reasonable thing to do. I wouldn’t have paid to put the tenants up elsewhere though.

How on earth is she sounding demanding to want to live in a property - or temporary equivalent - she’s probably paying through the nose to live in?!

It would soon be the LLs concern when she can’t pay her rent due to not being able to work, I’m sure.

An HA pratted a tenant about over a repair. Didnt turn up on days they were supposed to despite insisting she take time off work for it.

She lost her job. Couldnt pay the rent. They started eviction proceedings.

How demanding of you @AvocadosBeforeMortgages to want to live in a house of the same description that you signed a tenancy for 😏

I'm with pps, either a rent reduction or an offer to pay for alternate accommodation is appropriate. It's not fair to expect someone to live with those kinds of works going on.

Morally, YANBU! Legally, I don't know, IANAL. Best seek advice from CAB or somewhere. At the least, it seems possible your right to quiet enjoyment is being violated and there should be some redress for that. Complicated by whether or not you agreed to the remedial works. And whether landlord is in breach of their repairing obligations. But unless the tenancy agreement gave some kind of warranty for the decently habitable state of the place, you could still be liable to pay rent whatever. People can end up being liable for rent even when their place burns down. Depends on terms of the tenancy agreement. If the landlord won't be reasonable you need legal advice.

I do not think its your residential landlords responsibility to pay for you to have a business premises, did you never told him that before you moved in.

And you always have the choice of moving of you dont like it. Or use your business insurance to pay for it.

Sounds like you are being very entitled.

Is it just one room, how many bedrooms do you have?

If so request they close the door, at all times, use headphones when the major work is being undone (hacking at walls)

You need to make the best of the situation you can, of course it would be nice if the air BnB could be provided, however if the landlord is unwilling to do this then it falls back to you to make alternative plans/best of the situation

Have you asked the landlord?

@HanginWithMyGnomies totally. How dare someone enter into a contract and expect it to be honoured. Oh yeah, l remember OP is paying money for a property and isn’t living there at the charity of the landlord

@AvocadosBeforeMortgages personally l would be wanting something from your landlord. Whether that is no rent, heavily discounted rent or Airbnb. Damp work is slow, noisy and messy. It will take time for the new plaster to dry out and then it will need to be painted l assume. The landlord did misrepresent the property by the sounds of it

Have you actually spoken to your landlord and explained the situation?