Landlord says tenants have to move out.

Skiny

Maybe someone here can help. My friend has been told she has to leave her flat (first floor of a Victorian terraced house), because the landlord wants to carry out extensive construction work on the building. This construction work is supposed to take 6 months to complete. She has been given two options by the landlord:

1. Stay, but sign a disclaimer about living in a building site for a period of several months.
2. End the tenancy early and leave.

Her lease is until the summer of 2015. Is this normal for landlords to do this? I'd appreciate any advice.

dgtazzman

And who is paying for all the moving costs and hassle your friend has to go through?

If your friend has a contract till 2015, she holds the cards. Probably can refuse to let the works go ahead as I would say it falls outside of 'reasonable access for repairs', unless the LL is willing to compensate for the moving costs. I certainly wouldn't be signing any disclaimers. Just keep paying the rent so the LL has no grounds to terminate the tenancy.

I would also think living in a building site as you describe would break several laws.

G_M

Was a S8 Notice servd? What ground? Does it apply?

S8 Grounds:

Ground 9

Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.

Ground 13

The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

For the purposes of this ground, “common parts” means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses in which the landlord has an estate or interest.

Note that both these grounds are discretionary - the court may, or may not, grant possession depending on the circumstances (unlike ground 8 for rent arears for example, where the court must grant possession).


Other than by a court order, and assuming there is no Break Clause in the contract the LL can implement, then the LL must rely on agreement. ie the tenant could say "yes, I'll agree to surrender the tenancy but only if you xyz - otherwise I stay".

And if staying, cannot be subjected to harassment and/or breach of quiet enjoyment.

Out of interest, when was the current tenancy granted?

Skiny

Thanks for the replies, I appreciate it.

The letting company offered to find her a new place to live, but regarding moving costs..no, no mention of that. I'm unfamiliar with private renting, so I'm not sure exactly what her rights are. However, it does seem odd that they can use vague 'construction work' to make her leave. I can't imagine what would take 6 months to complete, as it's just a terraced house, that appears to be in good condition.


G_M: She just received a short email from the letting company - nothing else. Below is a copy of the email that was sent to her:

"The landlord has informed us that he will be carrying out extensive structural building works to these buildings from 1st July 2014. He has given us two options to relay to you:

1. End your tenancy 30th June 2014 or 31st August 2014 at the latest. Imperial Services will assist in finding alternative accommodation with Imperial Services at no charge and the rent value of the new property can be negotiated in respect of the inconveniece of moving.
2. Continue renting at the same property but to sign a disclaimer about living in a building site for a period of several months. Due to the extensive works planned, living conditions will become uncomfortable for you. In particular, the communal areas will be very dusty throughout this process and there will be daily daytime building work noise.

It is difficult to put an end date on the level of works planned but the rough estimate will be that building works will be going on from 1st July 2014 to 31st December 2014.

We understand that this news may cause disappointment and apologise that this news has only today been relayed to us. We will assist in any way we can to manage this change.

Please consider these options and come back to me within the next 14 days with your decision."

Thanks again.

G_M

Much depends what outcome she wants.

* to stay there at all costs?
* to move away from what will become a problem tenancy (either due to the construction noise, or a legal battle!) but have help to do so?
* to get experience of the court system by fighting all the way........?

The email is an informal initial approach is my guess. The LL/agent cannot force her to leave except via the courts, using either
1) a Break Clause if there is one in the contract or
2) a S8 Notice as mentioned

Depending on the work planned, and level of disruption, she could potentially have a case against the LL if she stays - hence the desire by the LL/agent that she sign a 'disclaimer'.

To me it sounds like an undesirable place to continue to live, but that's a subjective opinion.

So I would not sign the disclaimer (indeed, I wouldn't sign it if staying, either!).

I would offer to leave, but
a) at a time of my choosing (when I found a new place)
b) with my removal costs paid by the LL
c) with any new agency/tenancy fees I incurred paid by the LL

I also might request a 'sweetner' to cover my inconvenience, and time spent house-hunting, but would be ready to negotiate on the amount.

pimento

Imperial Services will assist in finding alternative accommodation with Imperial Services at no charge and the rent value of the new property can be negotiated in respect of the inconveniece of moving.

I read this as meaning that they will reduce the rent of the new place in compensation for the inconvenience.

princeofpounds

I read this as meaning that they will reduce the rent of the new place in compensation for the inconvenience.

Yes I did too - although I suspect it's like one of those sofa warehouse sales... HALF PRICE ON ALL SOFAS*

*half price calculated from inflated sales price charged for one week at one branch, bears no relation to actual value of sofa.

yoshiyella

If she does move out will she be allowed to move back in once all the work has been done?

jjlandlord

How can they reduce the rent on the new place unless it belongs to the same landlord?

If Skiny accepts to surrender her tenancy she must negotiate a price with her current landlord.