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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Should the landlord be paying for additional accommodation, such as a hotel, for me?

20 replies

RogelioMyBrogelio · 27/08/2018 09:19

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 legally do to the protections stipulated in that contract apply to me (it says in the case of emergencies that the landlord will put the tenants up in a hotel)?

OP posts:

AwdBovril · 27/08/2018 09:25

Didn't you already have a thread on this?

Original poster

RogelioMyBrogelio · 27/08/2018 09:28

Yes but it’s in AIBU when really I’m wanting advice where I stand legally that I know is absolutely correct rather than speculation

OP posts:

DuchessThingy · 27/08/2018 09:30

This reply has been deleted

Message withdrawn at poster's request.

AwdBovril · 27/08/2018 09:31

So ask MNHQ to move the thread. Report the thread & put in a request, they do it quite frequently. It's not an issue.

LeftRightCentre · 27/08/2018 09:31

'Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.'

There you go. That's at the top of all threads in Legal Matters. You are trying to figure out how to screw this person who isn't even your LL and with whom you have no signed contract agreement. Good look finding a lawyer who will do that for you.

Pinkunicorndog · 27/08/2018 09:32

CF. For starting another thread too.

LostInShoebiz · 27/08/2018 09:33

You left out the bits where you lied about why you wouldn’t sign the contract and that you may be able to extend your current accommodation but don’t want to as it’s expensive. HTH.

AwdBovril · 27/08/2018 09:34

True, Duchess. OP - you do realise that anyone can answer posts on any board, don't you? So I (not a lawyer) can answer your post here. I could also answer posts on other boards, despite not having any formal qualifications. It's up to you if you require formal legal advice.

MagentaRocks · 27/08/2018 09:36

It isn’t going to change by changing boards.

You didn’t sign the contract as you wanted to not be tied into a contract in case you changed your mind yet you want the landlady to be tied into a contract that hasn’t been signed because it suits you.

ReservoirDogs · 27/08/2018 09:49

As I stated on the other thread you have no contract. I am a solicitor (non-practising)

I suggest you go back to the other thread and look at the practical advice I have also given there as I can't be arsed to type it all again especially when you keep going until you get the answer you want (which you won't - wherever you post it).

BlueSky198080 · 27/08/2018 09:57

The advice still stands. Some with legal experience answered you on the other thread and told you that you don’t have a leg to stand on. Sorry!

FrancisCrawford · 27/08/2018 10:04

This reply has been deleted

Message withdrawn at poster's request.

Dermymc · 27/08/2018 10:08

You are a massive CF.

Pringlecat · 27/08/2018 11:38

Even if you had signed, you hadn't yet moved in. The contract was signed on the basis that the LL had a flat to rent to you. Due to freak circumstances, there is no flat. If you had a contract, it would be frustrated.

Move on.

Somanymistakes · 27/08/2018 15:09

@RogelioMyBrogelio

Why don't you rephrase your question?

How can I make money out of a Landlord (who I didn't sign a contract with and who has acted legally and morally well) I was prepared to screw over myself?

That may help get the answer you want.
HTH

PalePinkSwan · 27/08/2018 15:14

You have no case whatsoever, as you have been told categorically by several posters on your other thread.

Cockapoomummy · 27/08/2018 15:47

You lied.

You didn’t sign the contract because you felt that was advantageous to you at the time.

Karma innit?

You have no contract and no right to be put up in a hotel.

Which you have been told, by many posters, on your other thread. It’s CF of the worst kind.

herworldoutsideit · 27/08/2018 15:49

You do realise that just because someone is a landlord it doesn't mean they are rolling in cash? Most are just ordinary people who struggle to pay the mortgage on their properties when they are not rented. Typical landlord income after expenses is 5%. That is not a lot to cover disasters like the one that seems to have happened in this flat. The landlord really doesn't need you trying to squeeze more blood out of a stone. You seem to have a lot of concern for yourself and the current property (you chose to rent) crippling you financially but you are quite happy to potentially cripple someone else financially because, as you said yourself, you don't want to have the bother of finding a new property to move to.
You need to take a good hard look at yourself OP.

flobella · 27/08/2018 17:14

You forgot to mention that you were holding off on signing the contract as your workplace was undergoing a restructure and you wanted the freedom to back out at the last minute if you needed to.

You now want to somehow insist that the same (unsigned) contract means that you have a legal right to alternative housing at your landlord’s expense.

It doesn’t.

worridmum · 27/08/2018 17:45

As others have said since you have no signed contract and the return of your deposit you have no leg to stand on for any claim.

It would be different if you had signed the contract or had moved in without signing a contract as that would open up to presumed contract and acceptance of you being a tenant.

But since you are not in the flat and have no signed contract you have no recourse. As a contract is binding and offers protection since you were hoping to leave it to the last minute so you could back out if you wanted to without being bound by the contract, you have now been burnt by your own game playing, because like you wanted to avoid being bound to the terms on the contract you also forgo any protections the contract would of given you.

Take the deposit money and find a new place to rent or continue renting where you currently are.

Better yet go get paid legal advice for them to tell you the same thing so you are further out of pocket because of your scheming.

Flip