Do I have to pay rent?

kcwild

Hi,

I had a fire in my rented property 3 weeks ago due to a faulty plug on a lamp. My letting agency have been round once to the property since the fire to have a look at the damages. Myself and my flat mate are both living at my parents house for free because we can't afford to pay them because we are still paying rent for the property that is damaged.

Should I still be paying rent?

I'm asking this because we have both been into the letting agency twice and made several phone calls to them but the person that is dealing with it is always out of the office and never calls us back so it seems they are going to be taking forever to do anything!

sequence

If the house is uninhabitable then the contract is frustrated and you do not have to pay rent (but I think you might need LL agreement for this)

Jowo_2

Contact Shelter for advice on whether or not the property is classed as uninhabitable, therefore the contract has been frustrated, plus the landlord' obligations to pay any expenses to you that are incurred while you can't live in the property during its repair period.

Here's some basic info here

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/moving_due_to_disrepair

Fire_Fox

Write a letter to the landlord.

clutton_2

who owns the lamp ?

Jowo_2

clutton wrote: »

who owns the lamp ?

The tenant. The thread here alleges a fault with the fuse box that didn't trip when it should have.

http://forums.moneysavingexpert.com/showthread.html?t=2371559&highlight=

lizzielondon

if the fire wasn't the OPs fault surely the LL should be paying for alternative accomodation until it is decided whether or not the tenancy is now frustrated?

Leory

Get writing!
phone calls and visits will not leave a trail that you may need in the future.

Write to your landlord as it is their responsibility, not the agents.

pinkshoes

Jowo wrote: »

The tenant. The thread here alleges a fault with the fuse box that didn't trip when it should have.

http://forums.moneysavingexpert.com/showthread.html?t=2371559&highlight=

I read the fuse box bit as speculation i.e. it was somewhat a fire hazard and could have caused a fire at some point, but did NOT cause this fire. The dodgy wiring on the circuit board came to light due to the fire.

This fire was purely caused by the lamp which was bought by the tenant, which they timed to come on when they weren't in the house, having never even tested the lamp before.

Based on this, I'd say they probably are still responsible for rent, but am not 100% sure... Or if the LL can claim it on the insurance, the tenant should offer to pay the excess at the very least.

Sammy85_2

pinkshoes wrote: »

Or if the LL can claim it on the insurance, the tenant should offer to pay the excess at the very least.

Agreed, if that lamp caused the fire (and the fire brigade will most definately have narrowed down the area in which the fire started, if not down to the specific item) the tenant should pay the excess.

clutton_2

""the tenant should pay the excess.""

and the rent if they have caused the damage

inherent in Landlord and Tenant legislation is that tenants act in a "tenant-like" manner - and they are also expected to adhere to Health and Safety statute... if they did not use the lamp safely then they are at fault and have little claim on the landlord for rehousing in my humble opinion

odds are the tenant will not have £1000 - the normal Excess on insurance policies for tenant-caused damage - so the LL will have to fork out this as well... as well as increased premiums for next years house insurance.......