Asssured Shorthold Tenancy - "Other risks"??

Kupus

Hello,

I am wondering if someone can cast some light to my question please!

As you may be aware, within the standard form of Assured Shorthold Tenancy, the following clause is included under the Landlord's obligations.

"The Landlord agrees with the Tenant as follows: To return the Tenant any Rent paid for any period while the Property is rendered uninhabitable by fire or OTHER RISKS for which the Landlord has agreed to insure".

Does anyone have a past experience or aware of a precedent that may provide me with the examples of "other risks"?

For example, if the roof has leaked continuously for the 25 months, water dribbling near the electric of the dwelling house, causing slippery floor, exposing the tenant to the risk of electric shock and other injury, would this be "other risk"?

I shuld be most grateful for your insight!

With my thanks

Planner

No, a leaky roof wouldnt count as 'Other Risks'. The example of a serious house fire gives you a bench mark. From this we can conclude thay 'Other Risks' are serious, one off, events that make a property completley unhinabitable i.e. Flood, Structural Collapse, Nuclear War.

Slippy floors dont really cut it imho.

G_M

Kupus wrote: »

As you may be aware, within the standard form of Assured Shorthold Tenancy, the following clause is included under the Landlord's obligations.

"The Landlord agrees with the Tenant as follows: To return the Tenant any Rent paid for any period while the Property is rendered uninhabitable by fire or OTHER RISKS for which the Landlord has agreed to insure".

There is no such thing as 'the standard form...'. There are almost as many ASTs as there are agencies and landlords.

However this clause has been added to mirror the landlords property insurance. The term means whatever the insurance company's equivelant term means. Google 'insurance fire or OTHER RISKS ' or similar, but as Planner says, it'll be major stuff: house falls down. Neighboring river/sewage works overflows and floods house etc.

The leaky roof? If the insurance covered this, they'd fix the roof! If not, they'd tell the LL to fix the roof! The house is then habitable and safe.

You should be pursuing the LL to get the roof fixed, not looking for alteranive accomodation.

GarySt_2

Kupus wrote: »

Hello,

I am wondering if someone can cast some light to my question please!

As you may be aware, within the standard form of Assured Shorthold Tenancy, the following clause is included under the Landlord's obligations.

"The Landlord agrees with the Tenant as follows: To return the Tenant any Rent paid for any period while the Property is rendered uninhabitable by fire or OTHER RISKS for which the Landlord has agreed to insure".

Does anyone have a past experience or aware of a precedent that may provide me with the examples of "other risks"?

For example, if the roof has leaked continuously for the 25 months, water dribbling near the electric of the dwelling house, causing slippery floor, exposing the tenant to the risk of electric shock and other injury, would this be "other risk"?

I shuld be most grateful for your insight!

With my thanks

It sounds like you are hoping for a rent rebate for a property you have been living in by classifying it uninhabitable after the event?
It doesnt work like that. Uninhabitable means you havent been living in it or cant live in it. If its still 'uninhabitable' get the local council involved to agree as such but you cant have your cake and eat it with the rent.

Fire_Fox

Kupus wrote: »

Hello,
I am wondering if someone can cast some light to my question please!
As you may be aware, within the standard form of Assured Shorthold Tenancy, the following clause is included under the Landlord's obligations.
"The Landlord agrees with the Tenant as follows: To return the Tenant any Rent paid for any period while the Property is rendered uninhabitable by fire or OTHER RISKS for which the Landlord has agreed to insure".
Does anyone have a past experience or aware of a precedent that may provide me with the examples of "other risks"?
For example, if the roof has leaked continuously for the 25 months, water dribbling near the electric of the dwelling house, causing slippery floor, exposing the tenant to the risk of electric shock and other injury, would this be "other risk"?

I shuld be most grateful for your insight!

With my thanks

Welcome to MSE!

If the roof has leaked continuously the tenant should have reported this to the landlord in writing by recorded delivery. If no action was taken and the tenant believed the condition of the property to be hazardous, he should have reported the matter to Environmental Health who would have enforced the landlord's repairing obligations.

A leaky roof is a maintenance issue and, as such, is uninsurable so would not fall under the clause you quote. Cannot see why a tenant would put up with a leaky roof for the over two years - most ASTs are not that long so notice to quit should have been served. :huh: