Landlord wants to repair house and move us out!

Tune2001

Hi everyone. This is my first post so be gentle!

Anyway...I received a phone call yesterday from my landlord (the LL and the LA are one and the same) saying that they would like to carry out repairs to our flat and the other 2 flats in the building because of damage caused to the building by construction work being carried out next door. The repairs are fairly minor and our current living conditions are not affected by the damages (small cracks etc) that they wish to fix.

Even though I have a tenancy agreement with them for 12 months, of which 4 remain, they want us to move out at the end of the 9th month.

They have offered us other flats that they own and have said that we can live in one of these other flats until either the work is completed and then move back or until our contract expires at the end of July. They have then said that, because of the work done they will be increasing the rent from August onwards (This is fine of course as our contract will have ended by then).

Obviously us having to move out before our tenancy comes to an end is a major inconvenience to us and the flat they have shown us was horrible and in a worse area. Apparantly they do have another, nicer flat we could live in but they want us to pay more rent for the time we live there!

I would like to know from you good people where I and they stand legally. Ideally I would like them to compensate us for doing them a favour and moving out before our tenancy is up. Something like...We can live in the nicer flat for the same price and then move back to the current flat when the work is finished at a pre-agreed price and also be compensated for the cost/hassle of moving. We do really like the current flat and we would have definitely renewed the contract at the end of July given the chance but as far as I am aware, we have no legal requirement to move out until our contract finishes at the end of July?

Just to re-iterate, we have received nothing in writing, only a phone call.

Cheers!

m_13

Is there a break clause in your tenancy agreement that says that either party can terminate the agreement before the 12 months is up?

Tune2001

No there isn't. It's a straight 12 month contract. :-)

sooz

Since they are offering alternative accomodation, are you sure the cracks are only a minor problem? It might be that works next door are affecting the structure of the whole building, & they need you out asap to do remedial work to stop it collapsing.

If it was just for minor cosmetic repairs, then surely this can wait until you have moved out?

Tune2001

The work can't be that massive because they reckon it will only take about a month or max 2 to fix for the whole building. They didn't mention that we were in a building at risk of falling down!

sooz

Get something in writing. If it is just to repair cosmetic damage, why would you have to move out? It could be arranged to be repaired whilst you are away for a couple of days, or for decorators to work whilst you are out at work. I cannot see why a LL would want to move you out, into another property, & carry out 1-2 months of work during your fixed term. I think there is more to this!

Planner

Your options are;

1) Say yes to the alternative flat and move in at the same rent;

2) Say yes to the new flat and move in after negotiating a reduced rent;

3) Say yes to the better flat and move in on the increased rent;

4) Say yes to the better flat an negotiate a reduced rent;

5) Say no and stay where you are. They will then have to get a court order to end the tenancy.

Before agreeing to any move, toy should get everything in writing and negotiate compensation towards your move costs etc

Tune2001

I think they just want the work to be completed ASAP as the the ground floor flat is currently unoccupied and I think the damage is worse (damp I think) in the ground and 2nd floor flats. Obviously if I held firm until my contract expired then I would 'lose' the current flat and have to sign a 6/12 month contract in another property hence my desire to come to some kind of amicable agreement.

Tune2001

Planner>>Thanks for your reply. I must add though, the *nicer* flat is only their words! I think ideally I would like to find a new place myself to move to and then negotiate appropriate compensation. I'm not sure how to go about the negotiation so I think first step is to write them a letter and get them to explain the situation and offer some compensation.

N79

Tune2001 wrote: »

Obviously if I held firm until my contract expired

If the works are urgent and critical then the LL may seek to evict you before the end of the contract, although in reality they are unlikely to complete the court proceedings within three months. If they go down this route then there would be court costs to consider.

Your options are exactly as indicated by Planner - I just wanted to clarify that taking his option 5 may involve court action to end the tenancy early.

Tune2001

N79 wrote: »

.... If they go down this route then there would be court costs to consider.

For them or for us too?