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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

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

69 replies

AvocadosBeforeMortgages · 14/01/2020 18:11

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.

OP posts:

Lipz · 15/01/2020 02:30

Is the whole place been done ? That's a huge job. My first apartment this had to be done. Old plaster removed, they used electric tools for this, this created alot of dust, the air was hazy, you couldn't see in front of you. The bare brick then has to be treated, there is something put onto it to prevent damp in the future. The smell of that was horrendous. No one could sleep there. Plaster re applied, as it was a big apartment it took 2 days. it took 24 hours to dry. I stayed local, popped in, wasn't allowed in without face mask. Everything I owned had been put in storage. How big is this job ? Are they taking out lots of walls? If it's a big job you're not going to be able to stay there, it's just not possible. Is it one wall ? You need to discuss this with the ll, obviously if it's a big job he needs to come up with a solution.

HeIenaDove · 15/01/2020 02:36

@Walkingdeadfangirl how predictable

HeIenaDove · 15/01/2020 02:38

" it took 24 hours to dry. I stayed local, popped in, wasn't allowed in without face mask"

Exactly I wonder if some of the posters on here also think the NHS should make the best of it if OP has an adverse reaction frm breathing in all the crap that will be in the air.

EL8888 · 15/01/2020 02:47

Hmm it must been magic plaster to dry in 24 hours. I have known that happen!

EL8888 · 15/01/2020 02:47

Sorry NOT known that happen

Lipz · 15/01/2020 02:50

Yes 24hours with industrial heater fans. I was allowed to paint then and it was definitely dry.

Lipz · 15/01/2020 02:52

Sorry just asked dh he said it was longer he thinks it was 2 days. Apologies thought it was 24 hours

springydaff · 15/01/2020 03:11

You're not at all unreasonable and the LL is obviously taking the piss - including covering over the damp before you moved in.

Contact Shelter. They're the experts on all things legal to do with housing.

QueenOfCatan · 15/01/2020 03:22

This happened to us in a way, the bathroom became unusable (though toilet still functioned). Landlords insurance tried to get us to agree to have a gym membership at a gym a 15min drive away to use the shower, we refused, lots of back and forth between ll and insurance company and they ended up getting us serviced apartments for 3 or so months whilst they dithered in fixing it! This is the kind of thing that they have insurance for!

Mummyoflittledragon · 15/01/2020 03:50

The ll is completely taking the piss. Basically what they are doing is trying to force you, their tenant to pay rent during major repair work because they didn’t want a void month to allow for the works to be completed before renting it out.

There is a new law, which forces ll’s to make a property fit for human habituation - major damp included - but your ll is complying with this and has scheduled works. This came into force on 20th March 2019. It is clear that they has scammed you. When did you take out the new contract? Link: www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018/guide-for-tenants-homes-fitness-for-human-habitation-act-2018 If you took it out after this date, the ll has basically broken the law...

I agree with contacting shelter. Perhaps they can help. Or help you to get released from your contract to find another property. You really don’t want all your stuff in the house while the works are being completed. This is a recipe for disaster.

Did you get permission to run a business from the house? It’s usually stipulated in the contract that you can’t. However the ll cannot unreasonably withhold permission. If they knowingly let you take the house, they are complete piss takers. They are also putting their livelihood above yours on top of your comfort.

Unless it’s written in your contract that they will allow you to move out during works, you won’t be able to. You can negotiate to reduce the rent to zero. But as I said, I’d be looking at ways to end your tenancy. You will need all clothes out of the property for starters. Eww. Your rights. england.shelter.org.uk/housing_advice/repairs/moving_out_during_repairs

I think you probably need legal advice. But shelter is a good starting place.

Mummyoflittledragon · 15/01/2020 03:53

I forgot to say, the wall needs to be tanked for the rising damp. Not a 5 min job either. All very noisy.

ShakeItUp · 15/01/2020 04:00

My daughter had the exact same thing happen to her.
She moved into a 'recently renovated' house complete with brand new carpets throughout.
A couple of months later damp started coming through.
She and her family spent a month living upstairs in the house while all the plaster was stripped back etc.
Which meant all her downstairs furniture being crammed into one room while the work was being carried out in the other room and vice versa. She couldn't even use the kitchen!
She couldn't even get her landlord to reduce the rent for the cost of dust sheets for her furniture, let alone the redecorating costs, which their landlord expected them to pay and do themselves.
Needless to say they fled to another property instead.
It's unreasonable to expect your landlord to move you out OP, but not unreasonable to expect them to make good the property once the work is completed and at least take steps to ensure that your furniture is protected.

Highonpotandused · 15/01/2020 04:42

My mum just had her upstairs replastered (brick walls). OMG the dust! It got everywhere! In every nook and cranny, even the keyholes, and through the dust sheets and masking tape that the builders put up.

My mum moved in with me for the month, it was unlivable.

Stinkycatbreath · 15/01/2020 07:17

We have recently had a small section of kitchen ceiling replastered, round window frames and stairs in a terraced house. It has been hell no room left untouched and with a small child or dog it was awful. I dont think your landlord will.move you out but I would definitely seek advice from Shelter or CAB if you like the flat you could speak with the landlord and negotiate zero rent for the duration so you could go somewhere else or release feom the contract. Just speak with the landlord.

melj1213 · 15/01/2020 08:04

Tbf to the landlord, the fact you have a dog and work from home are not their problem to fix.

Most landlords in this situation (where they cannot wait for the flat to be vacant to fix the issue) would negotiate a rent reduction/use their landlord insurance to pay for a hotel room for the week they would need to do the work.

The fact that a hotel room isnt suitable for you because of your work is not the responsibility of the landlord. They have a responsibility to house you, they dont have a responsibility to ensure you can work in the emergency accommodation. Do they even know you work from home? Does your contract allow for commercial use of the property? Does your insurance cover business use?)

DobbyTheHouseElk · 15/01/2020 09:51

Go to shelter or CAB and ask for advice.

I think the LL only has a responsibility to house you not to provide a place for your business. Is the LL aware you run a business from the property?

That seems to be the sticking point here.

Dontdisturbmenow · 15/01/2020 10:03

Unless you are in a studio flat, I would just ask that one room is done at a time. You can then still be there.

If the work means the place becomes inhabitable, then yes, I would think it reasonable for a payment agreement to be made. In your case, it would be reasonable to ask for them to pay for the equivalent of a hotel room. The fact that you run a business and need water is nothing to do with them. As a matter of fact, do they even know that you do so, because many insurance and mortgage agreement prevent tenants from running their own business from their rental home.

Dontdisturbmenow · 15/01/2020 10:07

Also, you will benefit from a brand new redecorated place (and maybe you could ask for input on colours etc...), which if done before you moved in could have led to a higher rent, so there is a benefit to you too longer term.

Highonpotandused · 15/01/2020 10:08

Tbf to the landlord, the fact you have a dog and work from home are not their problem to fix.

Your homes needs to be livable 24/7, not just between 5.30pm and 9am Monday to Friday!

The WFH situation is besides the point, OP should be able to live dust free 24/7.

lemonsandlimes123 · 15/01/2020 10:10

I have to agree with the pp pointing out that you have a residential tenancy not a rental agreement for business premises. You may well find you are in breach of your tenancy if you are using a residential property as business premises. A hotel would suffice as cover for the residential element in the short term. If you need business premises with running water then I suggest you rent a workshop/studio or similar.

Highonpotandused · 15/01/2020 10:10

I'm sure OP would rather live in a house without rising damp,. Expecting her to be grateful for the bare minimum is a bit much, no?

Mummyoflittledragon · 15/01/2020 10:22

@Dontdisturbmenow
It was a “brand new redecorated place”. Op said they’d painted over the damp. Therefore I expect she’s already paying top whack and I’m sure she would rather live with a few blemishes on the walls if that were possible than the dust and mess and intrusion.

Have you lived in a place, where the plaster has been completely redone and the walls tanked?

bert3400 · 15/01/2020 10:33

As a landlord myself, I would be happy if you stopped paying rent on my property while the work was being done and rented an Airbnb. Have you asked the LL for this.
I certainly wouldn't want to live and work ion a building site so would not expect my tennant too.

melj1213 · 15/01/2020 11:41

Your homes needs to be livable 24/7, not just between 5.30pm and 9am Monday to Friday!

Yes, as I said the home needs to be liveable, and making it liveable is the landlord's responsibility.

What is not the land lords responsibility is the OPs WFH arrangements or dog homing during the time the renovations are in progress.

Original poster

AvocadosBeforeMortgages · 15/01/2020 11:44

I've always worked from home, since before I moved in, and the landlord was (or should have been) aware of this. The nature of my work has changed somewhat since moving in (and I've gone from salaried to self employed) but not in a way that would impact a Landlord of a well maintained property. All I need access to is a clean workbench, electricity, sink with hot running water and some storage space for the raw materials and other kit. The clauses in contracts about not running a business are aimed at people turning the place into a brothel or nail bar. I never have visitors to my home for business purposes, and it causes no damage to the landlord's fixtures and fittings. I don't have contents insurance - never had - and my business insurance (public liability etc) won't cover it.

The dust and noise would have been very nearly as much of an issue when I was salaried and working from home as it is now. I pay for a 24/7 inhabitable building, and should get one. It's a start up business, and it wouldn't make sense to rent a separate space elsewhere when I'm already paying for a perfectly good one at home.

I wonder if I stopped paying the rent, if PP would just tell the landlord to "make the best of it"?

OP posts:

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