Rented flat uninhabitable due to burst pipe - what can I do?

Siouxsie3

I live with my young daughter in a rented flat in Scotland & would very much appreciate any help anyone can offer.

I initially signed a 6 month lease in June 2009, which I renewed for a further 6 months on 19th Dec 2009. On 30th Dec I was awakened by what can only be described as waterfalls pouring down from the ceilings.
Apparently the pipes in the attic of the flat up above had burst (he owns the flat above also). The flat above had been vacant for approx 4 weeks & there had been no heating on.

My flat is a total mess with almost everything ruined. (I have already contacted my own insurance company re- contents & they've been great.)

I contacted my landlord's PA & various tradespeople arrived fairly quickly but left again within an hour or so. I managed to speak to my landlord (first time ever!) on 31st Dec and he explained that the house was uninhabitable (no heating, no hot water, no lights, no floor coverings, VERY wet house) and I would need to find alternative temporary accommodation until the repairs could be completed - which could be some time as it's 'an insurance job'. He stated that he had made a claim with his insurance company and it covered his loss of rent but not for finding me alternative accommodation or any associated moving costs I may have.

I work full time and don't receive any benefits but lost 3 days work because of this. I spent a week with my daughter & I sleeping on the floors of friends but it's not possible to continue with this. I've found alternative accommodation where the owner is happy to lease on a monthly basis, however they also want a month deposit up front & I simply don't have that kind of money so I'm basically stuck. I haven't been able to speak to my landlord since 31st Dec - just keep getting his PA who keeps telling me she doesn't know anything about it & there's nothing she can do.
I've asked in writing (by hand delivered letter to his office) for assistance with the deposit for the temporary accommmodation but have had no response whatsoever.

Would I be right in thinking that as he has told me I have to move out that he has ended our tenancy agreement? Has it ended because the flat is uninhabitable anyway? And if so, should he return my initial deposit?

Any help or guidance on what I should/can do next would be very very welcome!

BitterAndTwisted

I don't know what the tenancy laws are in bonnie Scotland but in England and Wales in the same circumstances as yours it is the landlord who should be securing you alternative accommodation and paying for it until your own property is habitable again. Where's DVardysShadow when you need him?

Please get in touch with your local authority's private rentals section and ask their advice.

Siouxsie3

I've been in touch with the local authority but they said they couldn't help as I'm not in receipt of any benefits...? I got the impression that they just hadn't a clue either though.
I also rang Shelter and they 'thought' the landlord had made the tenancy agreement void but weren't really sure what I could do about it.
I can't miss any more work but I'll get back on the phone again tomorrow. :-)

BitterAndTwisted

Have you tried Shelter's website to see what advice they offer?

One of our regular posters on here is a professional landlord in Scotland and I daresay he'll be along at some point to give you some proper, accurate advice (I thought it was DVardy but I think it's really ArtfulLodger).

Don't panic, I'm certain that help will be on the way shortly. Have you had a read of your tenancy agreement to check whether there's mention of what should happen in a circumstance such as this?

Rather than concentrating on whether the landlord has broken the agreement please focus on what they should be doing to rehouse you and go down that road when explaining to your LA's private lettings section and Shelter should you phone them back. Then there will be no need to worry about finding a new deposit etcetera

Siouxsie3

I had a look at my agreement & it seems quite vague to me. It mentions that the landlord shall agree to keep the structure & exterior 'in good repair', & keep 'good working order for water, electricity, sanitation & heating', but no mention of what happens if he doesn't.

It's so cold I had to chisel away approx 2cm of ice from the inside of the windows when I arrived this morning as the heating's broken because of the water damage to the electrics. I'm dreading going back again tonight - just as well I have plenty of sweaters & candles!

I appreciate your help so far.

Siouxsie3

I'll ring the LA & Shelter again tomorrow, I was in a bit of a state at the time so maybe I didn't explain things properly. Fingers crossed!

clutton_2

i dont know the law in Scotland, but this LL will be getting 2 lots of insurance monies - one for upstairs and one for the damages in your flat...

i suggest you TELL him that he is responsible for re-housing you ... and what is HE going to do about it

how old is your child ?

BitterAndTwisted

Where is ArtfulLodger when you need him?

Please check back on this thread often as he's generally about but might not be back until tomorrow as it's the weekend.

I'd be on the phone to the landlord on an hourly basis as if your heating's not working, the pipes inside your own flat are at risk of freezing as well. This is also something for your landlord to be worrying about.

Siouxsie3

My daughter's 9 years old, at least I've got her staying with relatives nearby.

I can't get a hold of my landlord at all - the only number I have for him is his company one & I have no out of hours number. (He's a director of an insurance contractors - the same company his insurers have instructed to carry out the work apparently). They've told me the work can't start until the house has dried out - difficult with no heating on!

I've kept a note of every phone call I've made to his office, who I've spoken to & what they've said. It's usually his PA who claims to know nothing about it, can't help, blah blah blah...

I'll keep checking back for futher advice though.

BitterAndTwisted

I'd turn up at you LA's housing department first thing in the morning and present yourself and your bairn as homeless. They might be able to find you some temporary housing, you never know. I can't think of a more innocent, deserving case of help.

Siouxsie3

With hindsight I should have done that in the beginning. I'm a nurse & just started a new job & I'm terrified if I have any more time off I'll have to look for a new job as well. What a start to 2010! I'm not usually such a moan - honest!

Anyway I best head back down to the house of horrors now. Once again many thanks for all your help & kind words, I'll get on the phone to everyone & their granny again tomorrow & will check-in here again tomorrow evening.

Take care & keep smiling!