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Legal matters

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Original poster

Being decanted for works

16 replies

Shinji78 · 18/01/2023 11:34

Hello.
I have been told from my factor that I will have to be decanted to another property so they can carry out essential works. How long will they take I still don't know.

This is the first time it happens to me and I am quite lost on how does this works... many questions arises.
I am a homeowner and I am already paying a mortgage. Will I have to pay my mortage + the rent to the property I will be decanted to?

What about the bills?

OP posts:

snowflakeinastorm · 18/01/2023 19:20

Shinji78 · 18/01/2023 11:34

Hello.
I have been told from my factor that I will have to be decanted to another property so they can carry out essential works. How long will they take I still don't know.

What about the bills?

What do you mean by your factor you will have to move out?

parietal · 18/01/2023 21:22

Not familiar with this situation. do you mean you own a home that is on a large estate which is managed by a factor? and now the factor says you have to move?

I reckon they ought to give you another suitable house to live in and no rent. and they should give you a very good idea of when your house is fixed for you to move back in.

ApolloandDaphne · 18/01/2023 21:24

If you own your home why are you having to move out? What sort of works are they?

NellyBarney · 18/01/2023 22:21

I assume OP lives in a flat/part of a larger building, and some work, e.g. to the roof/pipes/electrics is to be carried out that requires her to move out. I believe a factor is a property manager responsible for the upkeep of communal areas of shared freehold or leasehold properties. I assume you have to find and pay for your accommodation, except the situation is caused by a fire or something else covered by your building insurance. What are the works? Would you like to stay, even if it meant dust or no water/electricity? I doubt they can evict you from your own home if you really don't want to vacate, but you would need to allow builders into your home.

Original poster

Shinji78 · 19/01/2023 14:27

Sorry for the lack of information

NellyBarney is right: I live in a modern building that is managed by a factor.
We detected some leaks on the ceiling and long story short, some heavy works will need to be carried out. These includes replacing one of the main beams because it has been rotten by the water.

For safety reasons some of the homeowners will be decanted. This doesn't means the building is at risk of colapsing, but it is very likely part of the facade will be removed to get access to the rotten beams and joints. That will make my flat inhabitable. As far as I know, the factor has to show me up to 3 flats for me to chose one and to be moved in. Once the works finishes I will move back to my flat.

We have been told the building insurance won't cover this because is a design flaw, so all of the fellow neighbours will have to share the cost for the works.
And this is all I know so far. Whether or not I will also have to pay a rent for the temporary property I do not know.

Looks like not too many people have ever been in a situation like this and some of you didn't even know about this procedure existed, but here I am, starting 2023 the best possible way.

OP posts:

RidingMyBike · 19/01/2023 15:40

Surely it's like if you owned your own house and something made it temporarily uninhabitable (eg problem with a roof), you'd have to pay to live somewhere else temporarily?

We're currently in rental so that structural work can take place on the house we own.

CMOTDibbler · 19/01/2023 15:43

When you say modern, how old is the building or conversion?

VeniVidiWeeWee · 19/01/2023 22:17

@Shinji78

I would suggest you report this thread and ask mnhq to move it to legal.

Original poster

Shinji78 · 20/01/2023 10:25

@RidingMyBike So it looks like you are on a similar situation. How long have you been living/paying a rent while works are being carried out? Can you tell me more about the process?

@CMOTDibbler The building is 12 years old

@VeniVidiWeeWee Will do. Thank you

OP posts:

MrsSkylerWhite · 20/01/2023 10:28

We’ve had to do this, in our own home, the surveyor told us the (old) building was dangerous, the floor joists were “floating”, not attached to suitable jousts at one end. We had to pack the kids up and get out that day. We had to move into a holiday let for 6 weeks, which thankfully our household insurance covered. Does yours?

RidingMyBike · 20/01/2023 10:33

Ours is slightly different as we haven't moved into the house yet - we bought it knowing it needed structural work.

So far we've had 8 months in rental looking for somewhere to buy, 3 months getting builder's quotes and waiting for work to start and then it'll be about 5 months of work before we can move in. So the first two won't apply to you.

The difficulty with rental is a lot of places are a 12 month minimum contract and it's a lot more expensive to get a short term let.

strumpert · 20/01/2023 10:33

I assume the op Is in Scotland

ThreeFeetTall · 20/01/2023 10:41

I'm sorry I don't know the law in Scotland, but was your property covered by NHBC defects cover for the first 10 years? (This is pretty usual with new builds in England)
I would be asking some serious questions about why this issue has come to light now and not within the 10 years.
Have you spoken to your insurers to see if they will pay for your temporary accommodation?
I think maybe your insurers need to contact someone else's insurers to cover it- the builder? The factor?

ThreeFeetTall · 20/01/2023 10:44

Would recommend, if you haven't already, that you get together with the other owners in the block and act as one united front to pressure the factor or whoever into action.

Original poster

Shinji78 · 24/01/2023 14:53

I asked my home insurer and it seems they will be covering the expenses of living on an temporary place to up to 50k.
Hopefully I won't require that much, but this sheds some light

Thank you for all your answers

OP posts:

EmmaEmerald · 24/01/2023 14:58

OP I am sorry, what a mare

is the freeholder responsible for design flaw in any way?

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