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Arson in house we rented.
Comments
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Colincbayley wrote: »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.
Yeah but like me (till you enlightened me!) he clearly does not know that, so needs to be told otherwise he'll start playing silly *******s!0 -
We have been in contact with LA, they seem clueless about "Frustration". Surely they should find out? They have not heard from the LL since the last meeting with regards the deposit.
The LA agrees with us about insurances etc... There has also been work happening in the property, new front door and carpets? We pass the place everyday.
The LA now has to chase the LL up.0 -
Update. Received a letter recorded delivery today. From LL asking us for money to go towards replacing carpets, sofa, curtains, blinds etc and decoration. He has given us 14 days to reply, although the letter isn't dated.
If he doesn't hear he will seek legal action through his solicitor. ??0 -
Did you put it into writing (recorded delivery) that you had not abandoned the property but that the tenancy was frustrated? Did you get a written response?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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I think the problem is that the landlord does not have specialist insurance to cover the risks, its not the the tenants fault but makes things awkward.
Tenant does not feel safe in the house so believes by handing in notice can move quickly out if this is done to everyones satisfaction then there should be no problem (at this stage the LL should hand back the deposit asap)
As mentioned previously everyone needs to work together to make it easy. A question to the OP did you have contents insurance as any smoke damage to clothes personal possessions should be claimed for as in 6 months time they will still smell.0 -
We wrote notice out to LL and LA in November. Got receipt from LA. This is the first contact we have received since then.0
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The contract may be frustrated or determined or whatever the correct legal phrase is for bringing it to an end but can I raise the point that that does not have to be the end of it.
The LL signed a contract to provide accommodation and now he cannot. Would that not leave the other party, the tenants in this case, to claim damages from the LL because he was unable to fulfil his side of the AST ?
Specifically, there may be additional costs for emergency accommodation and costs associated with the tenants securing new accommodation. Were the LL able to honour the original contract, then these costs would not have arisen.0 -
The LL signed a contract to provide accommodation and now he cannot. Would that not leave the other party, the tenants in this case, to claim damages from the LL because he was unable to fulfil his side of the AST ?
Not in the case of a frustrated contract, in the same way that the landlord cannot demand that the property be returned to him in the same state that it was let out.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
SensitiveSoul wrote: »We wrote notice out to LL and LA in November. Got receipt from LA. This is the first contact we have received since then.
I assume you are still waiting for your deposit to be returned?0 -
We never did get our deposit back.
The LL instructed LA to withold it.0
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