Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Does a landlord have to temp rehome in this circumstances?

21 replies

drinkingwineoutofamug · 03/11/2020 10:15

Basically as the title says. My daughter lives in a rented property. Last year some new pipes were laid outside the house - for new builds - this has caused major subsidence and huge cracks in the walls. Due to landlord, builders, insurance company and covid work only started today. Builders took off the plaster off the walls to look at brick work and downed tools. Worse than they thought. They said it's dangerous and she shouldn't be there.
So question, does her landlord /estate agent have to temporarily rehouse her during the work or is it up to her to find somewhere?
Lockdown is of course now probably make issues but more difficult.
Any advice will be welcome. I've advised her to contact shelter and ??the local housing department for advice as well. Estate agents are crap and as long as they get paid don't give a damn.

OP posts:
drinkingwineoutofamug · 03/11/2020 10:35

Answering myself. Unless in tenancy agreement regarding assistance with housing during major building work. She's on her own.
But can apply for reduced rent

OP posts:
Whysrumgone · 03/11/2020 10:37

If the house is classed as uninhabitable then the landlord is liable to pay reasonable costs of her having to stay somewhere else. I’m not sure if the house is uninhabitable in this case.

Whysrumgone · 03/11/2020 10:39

He doesn’t necessarily have to find her somewhere to stay btw, but she could potentially bill him for costs of staying in a b&b for example. Whether he’ll pay willingly is another matter

Caroncanta · 03/11/2020 10:41

Yes I think he is liable to pay for an alternative.

msbevvy · 03/11/2020 10:49

If it isn't safe aren't the insurance company of the people that caused the damage liable for providing alternative accommodation?

drinkingwineoutofamug · 03/11/2020 11:13

Thank you . It was in a way the LL that caused the damage. He was building new houses round the back of daughters flat. He contracted someone to lay the pipes . And then cracks appeared in the walls . This is the wall this morning after work started and tools were downed

Does a landlord have to temp rehome in this circumstances?
OP posts:
katmarie · 03/11/2020 11:21

If the landlord has good insurance he will be able to claim for rehousing the tenant, ours certainly covers it.

NeilBuchananisBanksy · 03/11/2020 13:29

I think she should talk to shelter and environmental health and building control at the council to get advice.

Sparklfairy · 03/11/2020 13:31

That photo! Shock I second getting onto Shelter, I've found their live chat quite helpful in the past. As a PP said any decent landlord will have insurance to cover temporary housing. I would not want to be living around those crumbling bricks!

sirbobblysock · 03/11/2020 13:37

It depends on the tenancy. In many cases if the house becomes unihabitable / dangerous the landlord is not liable to rehouse, but the tenancy comes to an end. Many insurance companies will pay the landlord lost rent (which of course they can then use to rehouse a tenant) but won't pay directly for a tenant to be rehoused.

Bunbunbunny · 03/11/2020 13:39

The landlord is in breach of the tenancy as she can not stay there and does not have exclusive possession. Can the estate agents back and say you are reporting them to environmental health

mumwon · 03/11/2020 14:00

dc adult lived in housing association flat - downstairs got flooded - hidden overflow issue - & HA needed them to move out to re-decorate & fix (leak trough ceiling etc) they would not pay for alternative rent.
Some work due to minor subsidence & re decorations insurance won't pay & state that it isn't dangerous (yep I know this!)
How ever I suggest you approach Housing Officer in local council to ask if someone can come out & check safety preferably before Thursday
That crack would worry me

mumwon · 03/11/2020 14:03

pp environmental health sounds good idea
At the least I would expect rent to stop if you are not allowed to live there nb Insurance companies promise the earth when you get them & should pay out the same for private insurance accommodation (ie owner habitation) or rental but if its possible for them to get out of it they will

drinkingwineoutofamug · 03/11/2020 14:35

Update. Surveyor has been to look at wall. They need to knock the whole of the front of the flat down and rebuild. They have put plastic sheet over the wall and left her and her partner to it. Living can not be used.
So planning permission has to go in to block road off etc for work to be done. How long is a piece of string.
They are looking over the agreement to see what they can do.
Thanks for everyone's input

OP posts:
drinkingwineoutofamug · 03/11/2020 14:41

How the wall looked October 2019 when crack appeared

Does a landlord have to temp rehome in this circumstances?
Does a landlord have to temp rehome in this circumstances?
OP posts:
drinkingwineoutofamug · 03/11/2020 14:43

Will add when crack appeared and daughter took these photos and sent to estate agents, they got asked if they had caused it 🤔

OP posts:
whataboutbob · 03/11/2020 14:53

Someone needs to make a pronouncement on whether it is safe. Ask environmental health to come out and assess. If not safe he needs to provide alternative accommodation. She should probably also start looking for some where else to rent.

FAQs · 03/11/2020 18:25

Wow that looks a tad concerning! That’s got to come under structural repairs, some advice here england.shelter.org.uk/housing_advice/repairs/is_your_home_fit_for_human_habitation

FAQs · 03/11/2020 18:29

I’d email the councils building control department, and cc in the environmental heath department, although it might not be covered by that. Include the photos.

I had to do that for a commercial building and they came out straight away and put a dangerous structure notice on this means the landlord is legally obliged to follow due process, however the commercial lease covered the tenant, no idea on residential however dangerous structure notices cover all buildings.

drinkingwineoutofamug · 03/11/2020 19:16

Thank you everyone. I've passed on all this info to her and they are looking into it tomorrow.
The surveyor didn't mention if the flat was safe or not. Only that they can't fix it without knocking the front down and rebuilding.

OP posts:
whataboutbob · 03/11/2020 19:47

Clearly, your daughter can’t live in a home whose front is being knocked down.

New posts on this thread. Refresh page
Please create an account

To comment on this thread you need to create a Mumsnet account.

This thread is closed and is no longer accepting replies. Click here to start a new thread.