AIBU to refuse temporary accommodation for external work to our home?

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Recently we were informed of exterior work to be done to our home (LA property). Nothing inside the house at all. No access needed to complete any of the external work other than access to the garden which is via a side gate not through the property.

We were instructed that for the duration of the work (no specific timeframe just ‘might be a few weeks’ ) that we would be placed in alternative accommodation that was miles away from where we are now and would cause significant issues for us with school as we have two children one with severe SEN. We also didn’t want to leave the house as it would be overwhelming for him to be away from familiarity for no real reason as it’s external work??

So we refused and set out in writing why. We were told no we have to vacate on a certain day. The only reason given when we pushed was ‘it will be noisy’. I said I’m fine to put up with some noise especially as it will only be between 8 am and-6pm. Again they said we need to vacate on the day and provide keys so they have access ??? They dont need access to inside.

The day has come and gone and we have stayed. My housing officer called on day 2 and said we need to allow access to the house while the work is ongoing. I said no as theres no need the work is external. They have said we need to allow access if needed to the team working. I told them again no the said they may need access to facilities! I said in that case they need to get portaloos if that’s the issue.

I then had an email giving another date to vacate for the work and a different address for temporary accommodation? Again I’ve said no. Can they actually force this or is it unreasonable as it’s not interior work ???

It hasn’t even been that noisy at all??

What does your tenancy agreement say about temporary relocation? The LA need to be more specific about what works are being done and why they would prevent you from staying in your home. On the face of it, none of what you've said they need to do would be cause to have to leave.
I would get it all in writing; exactly what works need to be done, maybe a schedule, and why each thing would be unsafe for your family. It can't just be noise. I'm in a HA property and they're replacing the roof right now. They're so loud, but not loud enough that we had to leave. My kids are both ND, and they could tolerate the noise a lot more than they could having to move out.

Also, as you have kids with SEN, they need to at least have spoken to you to see if there is anything else they can put in place to help you. Temp acc wouldn't even be safe for one of my kids and and I'd at least want an OT to approve it and for the HA to make any adaptations first.

I don't know if Shelter might be able to offer some advice.

Are they disturbing asbestos? The damp proofing stuff is highly toxic isn't it?

If it’s roof work there could be structural issues that make it dangerous to be in the property while they are doing it. They may need access to the loft perhaps and to isolate electrics etc. Maybe they have to use chemicals if they are doing damp and mould prevention.

A few years ago they did a massive amount of work to my property. Electrics, bathroom, kitchen, taking out a wall and chimney. We moved out to my mums place for a couple weeks. Left them keys and just popped back each evening for a debrief from the guys doing the work. Left them a kettle and tea/coffee, biscuits etc. Much easier than trying to live in the house while it was going on.

Check with your insurance company how they would react if you were not in residence and builders had access to the house.

It won't be just so they can use the toilet. Removing the exterior (I presume harling) will be noisy, dusty, and very challenging with occupants in resident. They need access to large quanties of water I would presume. Have to stop work and escort you in and out of the building. Turn of power at points. And asbestos is a possibility.

I understand why the offered accommodation isn't suitable but have you asked for more suitable accommodation. Thats what I would be pushing for.

It's some years since I was involved in social housing however I don't think the wording here is technically fully correct in saying it's not the OP's house - the OP will not own the freehold, however legally on most social (and private) tenancies the house is the tenants home.

Requests to vacate it temporarily must be reasonable and it would be good practice for the managing organisation to work with the tenants to carry out the work in a way that minimises disruption and considers the household's needs.

Maybe they have a contract with the contractors that the properties need to be empty (or they used best endeavours for properties to be empty) during the works and the contractors priced on that basis. And the insurances are given on that basis for the works. Just speculating what it could be.

Yeah I’d be saying no too.
When I rented (private rent) our boiler packed up. Informed the landlady, who said she’d send someone over. That someone never came as far as we were aware. I was pregnant and ended up staying home on a random day because I was so sick and just not well. Came downstairs after a bath to try and get some tea and toast to find three workmen in my kitchen, eating my biscuits, using my toaster and kettle. Asked them how they got in? The landlady had given them a key.
So I screamed, called the police on them trespassing and got all the locks legally changed through the estate agent. Eventually had the boiler fixed when my dad was free to come and sit with me.
It sounds very much like they want to uproot your lives for the sake of the workmen having a cuppa and a wee! Absolutely not! Ask for everything in writing and keep pushing back. Your SEN child is enough of a reason.

What are the works being done?

No you absolutely do not have to leave your home, they have no legal basis for you to be temporary decanted.

Email them with the following

I do not agree to a temporary decant. You have confirmed that the works are external and do not require access to the inside of my home.

Under section 11 of the Landlord and Tenant Act 1985, my obligation is to allow reasonable access only where internal access is necessary.

There is therefore no legal basis for requiring us to leave our home.

A decant can only be required where it is essential and proportionate.

The Housing Ombudsman makes clear that landlords must consider the impact on vulnerable household members.

We have a disabled child, and moving to unfamiliar accommodation would cause significant distress. This must be taken into account under the Equality Act 2010.

I also do not consent to my home being used as welfare facilities for contractors. Providing welfare facilities is the responsibility of the landlord or contractor, not the tenant.

I am willing to tolerate noise and cooperate with external works, but I will not vacate my home or provide welfare access.

Please confirm that the works will proceed without requiring a decant.

Sounds like the LA don't want to shell out for a portaloo for the duration! That said, it's just possible, I suppose, that they want tenants out on a H&S reason - maybe noise levels (I'd bet the farm that the guys they have in won't be wearing ear protection though), risky dust levels (though surely if it were that, they'd ask you to remove all your stuff too?) or any chemicals they're using? I'd want to know exactly what substances they were using and whether they continue to off-gas for a substantial period after use. You can ask to see the safety certificates for substances.

Or maybe it just comes down to, they won't pay for an external loo and the guys want to plug things in.

It sounds like a lack of communication here. The contractor has said they need x,y (eg occupants not in situ) the client (LA) did not ask why and now are stuck between you and the contractor, because the proper consultations.and explanations were not gone through with you at the start.

So there may be a good reason ( eg toxic vapour), or it might just be easier for the contractor (eg not having to allow for you entering and leaving the property) so part of the agreed price.

Have your neighbours all moved out? Is there somewhere else (eg a hotel, air bnb) that you could use that was actually doable?

I don't blame you for digging your heels in till you get a logical explanation. I don't think youve had one yet.

It may be an insurance risk for them if the property is occupied whilst the work is being carried out.

I would personally be happy for a workman to use my loo and I regularly make hot drinks and offer biscuits to the guys we've had working on our house recently, though. I don't share the apparent MN preciousness about nobody using my loo. Bathrooms are cleanable, and I think there are nice ways to ask them to be considerate, not tread mud through the house (buy some cheap extra doormats for all the entrances, in and out, they'll get the message), and not leaving the bathroom in a state.

They aren’t asking for Op to nicely let her in so they can use the loo, they are demanding they move out to unsuitable accommodation for an unspecified amount of time so they can have access to her house. It’s not a weird mumsnet thing to not be comfortable with that

Sobthey may need to go in the loft.

So unknown people have access to your property in your absence? That's ridiculous. As to using the facilities!!!!

I presume they don't want the risk of dropping bricks/roof tiles/guttering on your child's head as they leave for school? Ask for accommodation nearer.

You said it hasn’t been that noisy, so work has already started? Have you asked the people working why you need to leave and why they need access to the house? I think them using your loo in your absence is unreasonable unless it means they might need to plug tools in. It sounds like there would be a lot of disruption to your DC so I’d want to know the specifics of why they need you to leave because it sounds very vague

Wouldn’t your insurers (contents) be unhappy at you allowing strangers into your home without supervision?

Seems like it.

I can't believe the LA only want the OP's family to move out temporarily just so the workers can use the toilet. It could potentially cost thousands to put them in TA, depending on where they are, the type of property, and how long they're gone for. The LA would be paying for the rent and utilities etc. A portaloo can't cost more a hundred or so quid a week to hire.

Any damp‑related work doesn’t need anyone going into the loft. The guttering and roof repairs can all be sorted from the outside using scaffolding

Is the damp coming from issues with the roof and guttering, or is it rising damp coming up from the ground.

I work in a specialised role supporting local housing associations and councils, and we do not normally decant tenants when replacing roofs/completing preservation works, unless they specifically request it.

Could it be that they need access to the kitchen and bathroom because they are working on the water supply and need to check the taps?

I'm in the building trade, I can see why on occasions it may be necessary to go in the loft for roof repairs, although normally they are, as you say, done externally.

They may need access for water and power (which we meter our use of to credit the householder)

However, I can't help thinking the OP has caused herself problems, it seems she had avoided being decanted, but by refusing a bit of access in situ the process has been re-started.

If she had been a bit flexible to the builders, who aren't causing her any trouble, she could, it would seem have stayed put?

OP you need to be flexible. It's normal to let workmen use your toilet. Anything else would be very odd!