Have I got a legal case?

krponte

Good afternoon and thank you for taking the time to read this.

I collected the keys for a rented property on 4 Nov and moved in on 12 Nov. On 13 Nov, the pressure release valve on the cylinder broke (according to a plumber) and the water exploded out of the cylinder, through the living room ceiling, narrowly missing scalding my children to death who were sitting on the sofa underneath the explosion.

Following that, the agent has refunded me the November rent. However, they want me to move back in before 4 Dec if the plumbing works get finished tomorrow. They said that they will clean the carpet and remove the loose plasterboard which is hanging from the ceiling and then they expect me to move in and pay the rent for December.

I have been issued with nothing to say that the electrics are now safe (they went off due to water damage), nothing to say the cylinder is now safe and nothing to say that the floor is safe (it's been soaked for 2 weeks now and they only put dehumidifiers in the house 2 days ago). The floor is first floor so has a room below it, which water leaked into.

The agent and LL say I have no claim on the LL insurance as I took the repayment of the first month rent back. However, I am still the tenant and the tenancy has not ended??

I have been homeless with 2 kids for almost a month - we have had to stay at my mothers and I have been sleeping on the sofa, the kids on a sofa bed.

I just feel like I should be doing more to make the agent/LL pay for the situation and now I feel like I'm being pressured to move back in with a huge hole in the ceiling and no guarantee that the house is safe!

What should/can I do? I'd be really grateful if someone could advise me.

ValHaller

Arguably, you could be released from the tenancy on grounds of frustration of contract, I believe. Landlord is responsible otherwise for providing alterantive accommodation, so you might or might not have done yourself a favour by accepting the return of rent.

As for moving back, do not under any circumstances agree to anything more than an inspection of the property. If it is not acceptable, don't agree to move back.

ihatemyhouse

ask EH to do a survey of the property and ask the question

"Would you live in that" if your LL or LA says yes, say fine, you move in and I will move to yours, till it is fixed

if they say no, Yet you expect me too

I am having a prob with my LL and I asked him, would he let his kids live in that and he said no, then I said it was ok for my kids though, he didn't answer

then I said, if this was your daughters and she was renting a house and had all the probs we have had, and LL took a month to even come out after a ceiling collapsed, you would be telling her not to pay rent and have solicitors involved, he said "no I wouldn't I would be trying to sort it with the LL" I said no you wouldn't, as you would use all her legal rights as a tenant and that is what I am doing by getting EH to come out" he walked off at that point saying don't get EH involved, don't want the hassle


remember LL only want your money and as little hassle as possible