Arson in house we rented.

clutton_2

colinb - you know i am a fan, but i am confused now - if for whatever reason (NOT of the tenants making) a property is rendered uninhabitable, surely the LL is still responsible for providing accommodation for the tenant as the AST stilll has legal validity?

many BLT insurance policies provide for LLs having to provide alternative accommodation during such crises...

could you enlarge please ? thanks

barnaby-bear

Colincbayley wrote: »

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.

As long as the tenant is paying rent and keeping their side of the contract the LL is liable. As Shelter/any decent housing lawyer will confirm. There is a habitable property to rent just not that one and the LL is liable to pay for alternative... like flooding
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/flooding#10

Colincbayley

clutton wrote: »

colinb - you know i am a fan, but i am confused now - if for whatever reason (NOT of the tenants making) a property is rendered uninhabitable, surely the LL is still responsible for providing accommodation for the tenant as the AST stilll has legal validity?

many BLT insurance policies provide for LLs having to provide alternative accommodation during such crises...

could you enlarge please ? thanks

I have discussed this before on Landlords zone and it was quoted by the respected Jeffery.

The contract in place ( AST ) is between the LL and the tenant, the LL rents the tenant pays for a property.
If there is no habitable property there is no longer a contract. 'Frustration'

The LL may well be insured, as may the tenant. However the LL does not HAVE TO provide alternative accomodation as the AST is for the fire damaged house, unless of course ( which I for one have never seen ) the AST says that the LL WILL provide alternative premises.

Colincbayley

barnaby-bear wrote: »

As long as the tenant is paying rent and keeping their side of the contract the LL is liable. As Shelter/any decent housing lawyer will confirm. There is a habitable property to rent just not that one and the LL is liable to pay for alternative... like flooding
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/flooding#10

Sorry no.
And I am aware of the information provided on the shelter website. I am also fully aware of the full details of the 1988, 1996 and 2004 housing acts and the landlord and tenant act.
Little bit fuzzy on contract law, but can get by.:rolleyes:

Colincbayley

Hopefully this will help explain it better than I can.

http://tutor2u.net/law/notes/contract-frustration.html

Don't you just love google !!!

G_M

Thanks Colin. Although I think there may be some ambiguity/uncertainty in this area of the law, I withdraw my earlier advice to the OP about right to be re-housed.

As has been pointed out, many LL's insurance policies provide for this (and I suspect that's where my understanding of the law came from in this instance).
If the LL in question has this cover the OP may be able to request re-housing. The key word being 'request' rather than 'demand'.

Thanks. I've learnt something!

SensitiveSoul_2

Thanks. We have removed our stuff out so we can clean our things. We are going to give written notice to the property next week. The place is uninhabitable yes but we do have somewhere to stay with family.

The LA has been requested by the LL to withhold the deposit as he thinks we have "done a Bunk" - LL words to LA.

We are merely clearing our belongings out to clean them and the place is not habitable. The LL knows we will give notice but like we say we wanted to know how the law stands on this matter.

It appears he is responsible for the clean up. This is right yes still? Thanks for advice and interesting discussion between yourselves.

G_M

In light of Colin's advice regarding the contract being 'frustrated', you'll need to be careful how you word your Notice.

My guess is you need to clearly state you are leaving because the contracted is frustrated due to the property being unhinhabitable since (date). you therefore enclose rent up till (date) from which date the property was uninhabitable.

Since the contract is frustrated, the deposit is returnable in full.

HOWEVER, I strongly advise you to get further advice on this wording so that if there is any dispute about rent due, or deposit, you have started out the process correctly.

Start with Landlordzone (yes they'll advise tenants too!), speak to Shelter/CAB, or see a (specialist property) solicitor.

And yes, he's responsible for cleanup.

DVardysShadow

SensitiveSoul wrote: »

Thanks. We have removed our stuff out so we can clean our things. We are going to give written notice to the property next week. The place is uninhabitable yes but we do have somewhere to stay with family.

The LA has been requested by the LL to withhold the deposit as he thinks we have "done a Bunk" - LL words to LA.

We are merely clearing our belongings out to clean them and the place is not habitable. The LL knows we will give notice but like we say we wanted to know how the law stands on this matter.

Put in a written notice to LA, see below, but make it very clear that property has been removed from the premises for cleaning and safe keeping. Keep copies etc.

G_M wrote: »

In light of Colin's advice regarding the contract being 'frustrated', you'll need to be careful how you word your Notice.

My guess is you need to clearly state you are leaving because the contracted is frustrated due to the property being unhinhabitable since (date). you therefore enclose rent up till (date) from which date the property was uninhabitable.

Personally, I would give the LL the option - throw it back into his court. EG "you have 7 days to provide alternative accommodation or to agree that the contract is frustrated by your inability to provide accommodation at the rented address. In the event of failure to notify which option within the 7 days,, the tenancy will be considered frustrated". Remember that a tenancy is a 'time is of the essence' type of contract as the deliverable is specified as being between certain dates. The LL's solicitor would probably advise [IMO] not to pursue matters were such a notice given.

Colincbayley

You do not have to give any notice, by the very fact that the property in not habitatable the contract has ended.

It's not your fault, it's not your landlords fault. As of the date of the fire you are longer bound by the AST nor is your landlord.