Flood damage to rented property - tenants' rights?

itm2

We rent a flat to a young girl in Teddington. Yesterday it was flooded, with water getting in every room. The flat is in a block, on the ground floor.

We obviously want to help out our tenant, but wanted to know where our legal/insurance liabilities start. Initially I'm thinking of offering a concession in her rent, but what would other landlords consider decent and reasonable under these circumstances?

lynzpower

If the property is not fit for habitation, my understanding ( from what environmental health told us) is that the Landlord has a duty to put the tenant up in a hotel or alternative accomdation until the property is deemed fit to inhabit.

I guess it all depends how bad the damage is whats the situation?

itm2

We won't get the chance to see it until tomorrow, but she's just had to bail out the flat. It seems to be habitable (she seems content to stay there), but I imagine that there's a mess to clear up.

lynzpower

i suspect that there will be issues with electrical appliances & testing

Ill have A dig about and see what I can find .

clutton_2

if the house is uninhabitable my insurance will pay EITHER loss of rent if she stays there and does not pay rent, or alternatively they may pay for her accommodation if she moves out whilst work is being done. was it furnished or unfurnished ?

itm2

It's furnished. What sort of insurance do you have? We just have buildings insurance.

Diamonds_2

The tennant should have contents insurance (hopefully) for her contents that are ruined. Your buildings insurance will cover plastering work etc. I would imagine. What sort of flood was it?

MarkyMarkD

If it's furnished aren't you a bit daft only having buildings insurance? You are going to have to replace all the furnishings which belong to the flat before it's fair to expect the tenant to pay rent again IMHO.

eatmyfish

Oh dear, you shouldn't have bought in a floodpainYour tenant owes you nothing (BTL = business by the way)If I were I would sue...

clutton_2

if you have a landlords insurance policy - i hope you have - then if you read the small print, your floor coverings, white goods, that sort of thing will probably be covered, but read the policy.

your tenant signed an agreement to receive the property in the condition it was in on the day you both signed the AST - i n my personal view s/he is entitled to not pay rent if it is uninhabitable as you have broken the terms and conditions of your contract.

lease_2

Hello,
From a tenants point of view...Our rented flat got flooded.
Our insurance is putting us up in a hotel, meanwhile our belongings in the flat are being damaged by the smell of the rotting carpet.
Our landlord is wanting us to claim for his carpets as he is not covered for them.
Our monthly rent is due this week. We can't live in the flat and it may be weeks before we can. We are actually due to move out in 6 weeks time.
Our landlord hasn't done much to help us, we have been having to try and sort out his building insurance appointments on his behalf.
Do we have to pay the rent even though the flat is uninhabitable?

thanks