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.

Have you lived in a place, where the plaster has been completely redone and the walls tanked?
I have, but we did one room at a time. It was annoying but not unlivable.

As said OP needs to decide whether she rather stay in and conduct her business with disturbance over a longer time, or stay away and accept she won't be able to run her business during that time, hopefully this will only be a couple of days or so.

I think you need contents insurance if you are a tenant, well my LL insurance requires the tenant to have it.

You say you aren’t sure if the LL is aware you work from home. I think this the point you tell the LL. Do you go via an agent or direct to the LL. If you use a LA don’t assume the LL knows you work from home. I think you need if possible to speak directly to the LL and explain how this affects you.

The reasons for knowing you are working from home are to protect you as much as anything. The LL has responsibilities for your safety while you rent the property.

I’m still suffering from breathing issues from having builders in to do a few new walls and plaster etc.

It is absolutely horrendous even when the builders are considerate and tidy

This LL is clearly a shark and won’t give a monkeys about how much the tenant is put out, not sure what the situation is legally, but morally he should not be able to allow a building to be in such a poor condition and yes should make sure his tenant is adequately housed during the works.

If I were you @AvocadosBeforeMortgages, I’d scout about for another place to live, the landlord being half decent is absolutely critical, I don’t think this guy is.

The clauses in contracts about not running a business are aimed at people turning the place into a brothel or nail bar.

They are in there as it’s different insurance. If my tenant runs a business from my flat then he invalidates my buildings insurance.

OP, as previously asked, has your landlord offered anything?

There's no way he can expect you to live through that while paying rent. Ridiculous! He needs to wither wait till you move out at RBD of the tenancy or pay for alternative accommodation including moving van/ storage etc

You need written permission from your landlord to run a small business. They may not unreasonably withhold it, but you do need written permission, which it sounds like you don't have.

I think it's only fair that he waives the rent while the work is taking place, so that you can afford to rent elsewhere. Mind you, a landlord who paints over rising damp isn't going to be the most ethical ...
Good luck with it, OP.

The clause on running in a business in there is actually to prevent the tenant claiming security of tenure by creating a business lease under the LL&T Act 1954. Home working is fine - most ASTs will now allow a clause for home working if it is still primarily residential in nature.

I'm a landlord, I've done disruptive works recently and I've abated the rent for the period the works have taken place.

In these situations I have given a tenant a month free of rent

OP, as previously asked, has your landlord offered anything?

No - but then the work has yet to be booked in, and I've basically had a "we'll see" type response.

The clause on running in a business in there is actually to prevent the tenant claiming security of tenure by creating a business lease under the LL&T Act 1954. Home working is fine - most ASTs will now allow a clause for home working if it is still primarily residential in nature.

The property is still primarily residential in nature - I only do any practical work in one of the rooms, and it's clear that it's still used for domestic purposes outside of working hours. There's a bit of storage of the finished product in the living room, but that probably only takes up 5-10% of the floorspace in there. There are no business visitors whatsoever. My business vehicle is stored off site in a secure location. There's no damage to the fixtures and fittings in the property as a result of the business (or anything else, barring fair wear and tear).

I always worked from home, since well before I switched to being self employed. I made the letting agents aware of that, and can't be held responsible if the letting agents didn't tell the landlord that. Indeed, I would have thought it was considered an advantage as few landlords would want a dog left alone in the property all day (yes, I do have permission to have the dog).

The we will see answer isn’t good enough. What does your letting agent say? Have you had the conversation that you know the ll breached the law by covering up major damp issues? Have you asked if they will release you from your tenancy?

As for the working from home thing, it looks as if you’re ok then. The agents job is to let the ll know.

@frillyfarmer The clause on running in a business in there is actually to prevent the tenant claiming security of tenure by creating a business lease under the LL&T Act 1954. Home working is fine - most ASTs will now allow a clause for home working if it is still primarily residential in nature.

I've had a look, and if my reading of it is correct, it looks like that changed in 2015, so that is no longer an issue for "home businesses" - mine would fall under the definition of a home business.

www.legislation.gov.uk/ukpga/2015/26/part/2/crossheading/home-businesses

The we will see answer isn’t good enough. What does your letting agent say? Have you had the conversation that you know the ll breached the law by covering up major damp issues? Have you asked if they will release you from your tenancy?

I haven't had a chance to have a conversation with my letting agents yet, but I've never found them even remotely useful, even for passing on the most basic of messages (hence why I usually deal with the LL directly). Indeed, they have repeatedly phoned me to ask if anything has yet been done about the damp. They are, however, ultimately going to act in the landlord's best interests and not mine, so I rather lack faith.

I don't really want to end the tenancy if it is possibly avoidable - I'd find it very hard to rent an alternative place with a variable income and a dog. I like the neighbourhood, I've put down some roots and made friends with the neighbours, and I just don't want the upheaval of moving to a new home (possibly with more damp that has been painted over). I've moved so many times in my life that I really just crave some stability with regards to where I live, and have done everything in my power to try and create that here. If it wasn't for the damp, and I could get a mortgage, I would even consider buying the place.

Your LL is conning sheister. Fucking hated private renting in the UK for this reason, all this ridiculous attitude that you should be grateful to some wanker for deigning to accept money from you for a shoddy place to live.

YANBU. You PAY for a 2-bed with garden, that is what you should get. Can't believe people who think you should just put up with it whilst handing over rent or that it benefits you. This cunt is just interested in lining his own pocket.

I'd look at your contents insurance with regard to what it offers in terms of legal help should you need it.

This person should not be charging you rent at all during the time the flat is uninhabitable. I'd also contact the council's environmental health departed for assessment.

When I had a chimney breast removed and two walls replastered, my builder put up battens on the ceiling and hung heavy duty plastic sheeting from them, with a big overlap.

He also brought his own industrial hoover, and cleaned up at the end of every day.

I didn't notice it being much more dusty than normal, tbh.

If they're able to do one room at a time, it might not be too bad, OP.

If I was buying the property, the surveyor would have picked it up and I'd have run a mile from the property

If the damp was painted over, a surveyor wouldn't have seen it either and you'd be in the same situation.

Fucking hated private renting in the UK for this reason, all this ridiculous attitude that you should be grateful to some wanker for deigning to accept money from you for a shoddy place to live.

It's awful compared with the rights that tenants have in some EU countries.

Someone I know has a lovely flat in Amsterdam. She has a secure tenancy, her rent is controlled and there are legal limits on how much it can go up each year, she can decorate it how she likes as long as she doesn't make any structural changes and her landlord is quick to make any repairs. Another friend lives in Toulouse and has a secure tenancy and controlled rent.

We had this done a few years ago. We stayed in the house while work was being done and it was awful. The whole of the downstairs was stripped back (living room, dining room, kitchen and bathroom) for 6 weeks. We had to live upstairs for that time - me, DH, and 3 sons. One ds has asthma and we had to call ambulance as he had a severe asthma attack due to all the dust. We basically spent our days at family/friends and only returned to sleep.

LL refused to help us with temp accommodation neither would letting agent or council.