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

chappers

You need to speak to the private rental officer at the LA for advice.
If it is the same as in E&W then you have a contract with your LL whereby you pay him rent and he provides you with housing, even though the property is uninhabitable he still has to honour that contract and must provide you with alternative accomodation.

PROFESSIONAL_LANDLORD

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?

What an appalling situation.

Your LL should have booked you in to a hotel temporary, albeit this LL should at the very least have the electrics on, he's had enough time, his total neglect of the situation has ended your agreement IMHO. Your LL is a miserable human being who's only interested in his claim.

The only you way you will get help is to turn up at your local council and present yourself as being homeless, sorry.

Whereabouts are you in Scotland?

property.advert

Is there no alternative accommodation clause in your contents insurance or the landlord's buildings insurance ? In a good policy there should be really and it is under this section that you would be paid out, including deposits for alternative accommodation.

I claimed under my contents insurance due to water ingress which warped a wooden floor which buckled and became a safety hazard. Took £10,000 from them.

In the end, all your claim on your insurance should come back to his insurance as it is solely due to his fault that you needed to claim. Your insurance will agree to pay a bit each as is their way but do not accept this. It means that you have to state a previous claim, even when they found the person who was to blame but for the ease of the insurance company's paperwork, they decided to disadvantage you and not pursue his insurers for full settlement of your claim.

As I was not in the wrong (it was a new build) I wanted my insurers to get it all back from the builders or whoever, I didn't care, but I was not going to have a £20,000 claim on my policy when I had done nothing wrong and they had "caught" the people who had done wrong. In the end, after threats of a lawsuit, my claim was withdrawn, even though it had been paid, as the insurers got the full amount back from the builder's insurers. If you don't do this, you have to disclose a claim and that means you have to pay more. Your landlord could compensate you for this more easily though.

BitterAndTwisted

Day late, dollar short Artful!

I sincerely hope that the OP and her child have had some luck in securing alternative accommodation by now. It would be nice to know one way or the other, it sounded like a dreadful situation to be in, especially at this time of year.

Siouxsie3

Hi all,

Apologies I haven't been on for a bit, have spent the past few evenings packing! I've managed to find alternative accommodation myself & family are helping with the moving costs.

The landlord has not responded to any of my very detailed letters (& there have been quite a few!) and I received a letter from the new 'managing agents' yesterday stating they've now taken over the management of the property. They kindly gave me the new details of the bank account my rent should be put into but made no reference to anything else. Sent them copies of all my letters by recorded delivery today.

I spoke to Shelter again & CAB, & it looks like I'll have raise a small claims action to recover my losses. The local authority have no accommodation & can only place me in a b&b or hostel. I know it's at least somewhere to go in the meantime but I'm gonna muddle through with family & friends until I move into the new place.

As they say.... what goes around, comes around. If I have to wait for my day in the small claims court, so be it!

Thanks for everyones help & concern, it nice to know there are still good, decent people out there!

clutton_2

when you are settled and ready to take on the court case - do come back and get some support -

i hate landlords that treat their tenants with such contempt - this very situation is why we all pay insurance premiums - to protect our property but also our tenants ... he will no doubt make a hefty profit out of your misfortune....

but as you say - what goes around comes around

b est of luck

BitterAndTwisted

I'm so glad that you're not still stuck in that awful place with that complete !!!!!! of a landlord. I take it that the new managing agents haven't been round to inspect what they're supposed to be managing? I'd pay good money to see the look on their faces when they show up as it sounds like they're going to be whistling for their commission on the rents collected.

I sincerely hope that you do go through the process in the small claims court and are able to recover some or all of your moving expenses and future rent if it's higher than the current place, not to mention a penalty for all the stress and unhappiness this has caused.

Good luck!

Siouxsie3

No doubt he'll make a tidy sum out of my situation - that's his business I suppose. The financial hardship & practical difficulties have been bad enough but it's the way we've been treated that's most upsetting.

The managing agents didn't mention a thing about the burst pipe, water damage, no electricity, etc, nor did they say anything about an inspection - just a 'welcome' letter with their bank details.

I will def go through the legal process even thought it's a wee bit scary. Morally I can't let him get away with treating us (or anyone else in the future) with such disrespect.

Power to the little people!!!

Sparky29

If you want some advice go to this forum http://www.landlordzone.co.uk/forums/
I was given excellent advice about my rights and a housing issue I had a couple of years ago. Saved me a fortune.

Siouxsie3

Hi everyone,

A quick note to let you know I received a letter and cheque (deposit & 'compensation') from the landlord today. It's not cashed yet so I'm still holding my breath.... but as soon as it does, we'll be up, up & away! Yay!

Just wanted to say a huge thank you to everyone who responded with much needed advice when I needed it. It's been such a traumatic time & both the practical & emotional help have been invaluable to me over the past days.

Once again, many thanks to all!