providing alternative accomm

ANGLICANPAT

I am the LL albeit an inexperienced one. The tenancy agreement my LA uses (tenancy finder only) says that in the case of a property being partially or wholly unlivable for the T ,as in say for flood/ fire etc the LL will refund proportionately or in whole, the rent for affected period.
If the property remains unlivable after a month, either side has the right to end the tenancy immediately . No mention of compensation to the T , or obligation to find alternative accomm for them. Is this normal , as I always thought that as LL insurance sometimes covers those circumstances ,it must be something the tenant has a right to ?

I have seen various takes on it on the internet. CAB seems to say its not a legal obligation for the LL to take on that responsibility yet other sites suggest it is

jjlandlord

My understanding is that if the landlord is not at fault then he has no obligation to find alternative obligation, or to pay for it, considering that essentially the contract says that the rent will be waived.

Guest101

Is that true for acts of nature?

I know that where liability is with the tenant, there is no requirement to rehouse. But if the was flooding, hurricane, etc.

I believed that Landlord insurance covered this in respect of tenant costs re housing, moving etc

G_M

My understanding is that the contract can be 'frustrated' (ie void where, for nobody's fault, it is impossible to abide by the terms).

This would apply if
* the property was deemed 'uninhabitable' and
* the property could not be made habitable during the period of the tenancy

So if it was a 6 month tenancy, there was a flood in month 4, and repairs were expected to take 3 months, the contract would be frustrated.

if it was a 12 month tenancy, there was a flood in month 4, and repairs were expected to take 3 months, the contract would not be frustrated, since by month 7 the property would again be habitable for the remaining 5 months. In that case the LL should arange alternative accomodation (and the tenant continue to pay rent as agreed). Hence most LLs have insurance to cover this.

Since this is based on contract law (thinks!), then if the contract specified something different, as in the example here, I suspect what was written in the contract would apply. Though Common Law and precedent might say different.

A specialist in the area might know better....

http://www.landlordlawblog.co.uk/2012/03/07/can-frustration-end-a-tenancy/

ANGLICANPAT

Thanks to you all. I couldnt get through today but will try my LL assoc again tomorrow and see what their take on it is.

AleMrsT

You should have a buildings insurance policy that would cover this eventuality. If not, then it would be your responsibility to refund their rent so that they can find alternative accommodation whilst the house is uninhabitable until it is livable again.

ANGLICANPAT

Hi. Spoke to NLA today. Neednt have bothered really , youve all basically got the right answers! Basically as long as I dont charge rent for the time the T couldnt live there , I have no further obligation if it's T's fault, no further obligation if its an event unavoidable by me . Only surprise was that this paragraph

'If the property remains unlivable after a month, either side has the right to end the tenancy immediately '

didnt hold water as the NLA person said the T could walk away from 'the frustrated contract' immediately if the property was uninhabitable .

MobileSaver

ANGLICANPAT wrote: »

'If the property remains unlivable after a month, ' ...

didnt hold water as the NLA person said the T could walk away from 'the frustrated contract' immediately if the property was uninhabitable .

I'm not sure your NLA contact was correct on this as I suspect any LL would be allowed a "reasonable time" in which to rectify any problems. Whether one month is a reasonable time would be for a court to decide but I think it would given rent is generally paid monthly.

ANGLICANPAT

Im beginning to wonder about the value of joining this LL association, yet everyone says its a must. I was concerned the other week too when it seemed the information on the website regarding dates for returning tax returns ,was incorrect too. Do others prefer the RLA?

jjlandlord

ANGLICANPAT wrote: »

Im beginning to wonder about the value of joining this LL association, yet everyone says its a must.

Not everyone.

The point is that, especially if you're starting out, you should have reliable source of comprehensive information, documents, and references.
There are a lot of resources available nowadays and it is really up to you to decide on what would work best for you.