Rented Flat Fire

vij

Hi,

Im hoping you can help with advice.

3 weeks ago my friend moved into a rented flat (not strictly habitable as kitchen not usable due to no sink drainage and bath not useable due to large open hole in ceiling) Hence she has been living between family while the l/l finishes the work.

1 week ago there was a fire caused by a box being moved along the worksurface and turning on the electric hob ring.

Fire Services have stated accident.

The l/l said it would be turned around a ready in 3 weeks. The insuarance assessor for buildings has not yet visited and on visiting site with a professional on Friday we have been advised will take 3 months or more (once its started)

She had no contents insurance. l/l had buildings insurance

The l/l is quite difficult to get hold of.

Can the tenancy agreement be terminated so she can find another home as she and her son are now homeless and HB is being paid to l/l still.

HB are aware that the home is uninhabitable and the l/l has not offered other accomodation.

Thanks

blackshirtuk

I believe LL should accommodate them elsewhere(B&B?) until the property is habitable. His insurance would probably pay for that.

tbs624

vij wrote: »

Hi,

Im hoping you can help with advice.

3 weeks ago my friend moved into a rented flat (not strictly habitable as kitchen not usable due to no sink drainage and bath not useable due to large open hole in ceiling) Hence she has been living between family while the l/l finishes the work.

1 week ago there was a fire caused by a box being moved along the worksurface and turning on the electric hob ring.

Fire Services have stated accident.

The l/l said it would be turned around a ready in 3 weeks. The insuarance assessor for buildings has not yet visited and on visiting site with a professional on Friday we have been advised will take 3 months or more (once its started)

She had no contents insurance. l/l had buildings insurance

The l/l is quite difficult to get hold of.

Can the tenancy agreement be terminated so she can find another home as she and her son are now homeless and HB is being paid to l/l still.

HB are aware that the home is uninhabitable and the l/l has not offered other accomodation.

Thanks

If the insurance assessor has only just been out on Friday, the LL will surely only just be aware that there is likely to be a 3 month timescale?

Now that both parties know, however, there has to be clear communication between them to sort things out. The LL may have insurance cover for temporary accommodation for Ts in these circumstances but your friend should seek professional advice before taking up any such offer so that her tenancy rights are protected

If you friend needs support with dealing with the LL then she should contact the local Council's TRO (tenancy relations officer) in the private sector rentals office

vij

Thank you very much for your helpful replies, I will make sure we ask the landlord to provide temporary accomodation.

I am very grateful for your help

PasturesNew

Who moved the box?

She should have had contents insurance, but if one of the workmen moved the box that started the fire, then there's maybe something to chase up there.

Landlord should have proper/full LL insurance to re-house a tenant if a property's not in a livable state. It might be that the LL pursues "frustration" of the contract, in that he no longer has a property available to let to her, so will just let her out of the contract. But that's a lesser-known route and potentially messy with regard to the fact she's already paid/is paying rent on somewhere she can't live.

This one's quite complex as she's paid/paying rent on a place she hasn't really been able to move into. She won't do that again.

clutton_2

I cannot understand HB continuing to pay for a property she does not live in.... i would investigate this very carefully and get it in writing....... - otherwise if the money is going to her she could be asked to pay it back....

PasturesNew

clutton wrote: »

I cannot understand HB continuing to pay for a property she does not live in.... i would investigate this very carefully and get it in writing....... - otherwise if she money is going to her she could be asked to pay it back....

You're right. You have to live in the property that HB is being paid for.

tbs624

clutton wrote: »

I cannot understand HB continuing to pay for a property she does not live in.... i would investigate this very carefully and get it in writing....... - otherwise if she money is going to her she could be asked to pay it back....

Good point but OP says

" HB is being paid to l/l still.

HB are aware that the home is uninhabitable and the l/l has not offered other accomodation. "

If T has notified the HB office of the full circumstances, and they have noted that info on the Ts records, then the T's conscience should be clear.

It is the LL who will have to pay back any wrongful HB funds as she appears to be receiving it direct

vij

Thanks again people, I will see if we can arrange termination of contract with l/l after speaking with social services tomorrow. Everyone has been really helpful here.

tbs624

See also https://forums.moneysavingexpert.com/discussion/comment/36762551#Comment_36762551