Arson in house we rented.

poppysarah

Does their insurance not cover them for this eventuality and putting you up somewhere whilst repairs are done?

princeofpounds

G_M is right. The landlord is responsible for providing you with alternative accomodation and for fixing the damage to the property.

If he does provide you with suitable alternative accomodation, you should still pay rent; it's not free (although it should be of a reasonable standard).

If he refuses to do so, you can break the contract as it is frustrated due to an uninhabitable property. Keep evidence to that effect - you might wish to get an agreed surrender of the tenancy from the LL in writing, or you might wish to call in council environmental health to confirm it is unsafe but if it is bad enough pictures will do.

You could in theory pursue a claim for your moving costs as well, but it's probably not worth it.

clutton_2

if you want to leave early, and he wants to redecorate, then you both wantg the same thing - an empty property - a way forward surely can be found amicably here ?

what has happened is not the fault of either one of you - both LL and tenant are victims of idiots here - do try to work together so that the LL can get a new tenant early and you can leave early

superfran_uk

LL sounds like an idiot. My money is on previous tenants, i've often wanted to go back to where I live and set the place on fire

MrBeeee

SensitiveSoul wrote: »

We were not in and there is lots of smoke damage to inside of property.
What happens next? Who is responsible for the clean up etc...

Where on earth do you live for your house to get arsoned ?!!!

G_M

clutton wrote: »

you will need to formally end the tenancy early in writing - make sure you write a statement saying that you are leaving early, with their permission, due to fire causing the house to be uninhabitable, and that no further demands for rent or cleaning or repairs will be made upon you by either the LA or LL - get them to sign it - otherwise a poor landlord might want to come after you for rent.....

Why on earth would the OP want to agree to terminate the tenancy early??!!

You should be insisting that the LL provide alternative accomodation for the duration of the tenancy or untill repairs are completed.

Do NOT write/sign anything agreeing to leave early!

SensitiveSoul_2

Clutton exactly. I find it bizarre they are behaving like this. They said they want it amicable but yet it appears from what I have mentioned here this is not the case.

clutton_2

G_M OP said ""We are giving notice as we don't feel secure there"" - i am recommending a way they can leave without further financial claims from the LL

G_M

clutton wrote: »

G_M OP said ""We are giving notice as we don't feel secure there"" - i am recommending a way they can leave without further financial claims from the LL

The OP understandably does not feel secure - there's been a major fire and the place is a tip!
But the OP also clearly is unsure of their rights, so saw leaving (by giving notice) as their only option out.
It is important that a) the OP understands his rights (eg to alternative accomodation) and b) does not rashly give notice, thereby forgoing those rights.
If, after due reflection AND once in possession of all the relevant rights/options, the OP decides to give notice and depart amicably, that is his choice.

Colincbayley

princeofpounds wrote: »

G_M is right. The landlord is responsible for providing you with alternative accomodation and for fixing the damage to the property.

If he does provide you with suitable alternative accomodation, you should still pay rent; it's not free (although it should be of a reasonable standard).

If he refuses to do so, you can break the contract as it is frustrated due to an uninhabitable property. Keep evidence to that effect - you might wish to get an agreed surrender of the tenancy from the LL in writing, or you might wish to call in council environmental health to confirm it is unsafe but if it is bad enough pictures will do.

You could in theory pursue a claim for your moving costs as well, but it's probably not worth it.

Sorry no, that is not correct.
The contract is 'Frustrated' Now as there is not an habitable property to rent, the LL is NOT liable to pay for alternative accomodation.