My rights as a tenant please help

tan160581

flood damage,carpets up bad damp smell,humidifyers on,not easy being their with three children,been like this for three wks an another four to go,what are my rights as a tenant.
Should i have to pay rent,landlord says i have to as i hav'nt moved out of property, but i have no where else to go
Thanks
Jayne;)

MrsPhillips_2

Try Shelter or your local council. I know that you can't stop paying your rent because your house needs repairs but I think your situation is a bit different to run of the mill repairs.

Guy_Montag

Get the place declared unfit for human habitation by the council (hopefully)

MrsPhillips_2

That was my first thought Guy but I wasn't sure after having seen some people involved in all the flooding who were living in council houses that weren't being rehoused or having repairs done to their properties?

pcwilkins

http://www.waverley.gov.uk/housingconditions/certificates.asp wrote:

The requirements used to determine fitness for habitation are:-

• it is structurally stable;
• it is free from serious disrepair;
• it is free from dampness prejudicial to the health of the occupants (if any);
• it has adequate provision for lighting, heating and ventilation;
• it has an adequate piped supply of wholesome water;
• there are satisfactory facilities in the dwelling for the preparation and cooking of food, including a sink with a satisfactory supply of hot and cold water;
• it has a suitably located water closet for the exclusive use of the occupants (if any);
• it has, for the exclusive use of the occupants (if any), a suitably located fixed bath or shower and a wash hand basin each of which is provided with a satisfactory supply of hot and cold water; and
• it has an effective system for the draining of foul water and surface water.

Not sure if these "rules" apply to all councils but it sounds like the OP's property would fail the one in bold.

Peter

boyse7en

>Get the place declared unfit for human habitation by the council

Can't see that that will help. If it is declared unfit, she'll have to move out so that repairs can be made to the property.

Have you spoken to the landlord about when repairs will be made?

MrsPhillips_2

Yes but does she still have to pay rent? Our old house was riddled with damp and didn't have a gas safety certificate but we were told that we couldn't withhold our rent. In a situation like the OPs though, I would have thought it might be a different kettle of fish. There probably aren't any guidelines set out for this sort of thing

lynzpower

boyse7en wrote: »

>Get the place declared unfit for human habitation by the council

Can't see that that will help. If it is declared unfit, she'll have to move out so that repairs can be made to the property.

Have you spoken to the landlord about when repairs will be made?

The Landlord has 2 courses of action.

1) dissolve tenancy, although tenant has to agree.

2) if the property is not fit, then they have to pay for tenant to live elsewhere and pay for that meanwhile tenant still pays rent. thier insurance should cover this.

Speak to the council asap aND GET AN eho OUT.

olly300

lynzpower wrote: »

The Landlord has 2 courses of action.

1) dissolve tenancy, although tenant has to agree.

2) if the property is not fit, then they have to pay for tenant to live elsewhere and pay for that meanwhile tenant still pays rent. thier insurance should cover this.

Speak to the council asap aND GET AN eho OUT.

The second is not strictly true. The tenant can be evicted due to the property not being fit for human habitation and the landlord legally does not have to pay for alternative accommmodation. Read your contract and see if there is a habitation clause. The relevant thread with the legal advice is here: http://forums.moneysavingexpert.com/showthread.html?t=510285&highlight=Flood+tenant

As the OP has children the best thing is to get the landlord to kick her out and then the council will have to house her. She is likely to need the help of a charity like Shelter to force them to do this and unfortunately it's likely to be B&B.

Loretta

If your privately rented property has such a major problem that you cannot live there your Landlord has to provide alternative suitable accomodation while the problem is put right and you carry on paying the rent as usual, your Landlord should have insurance for this situation. If the Council declares the house unfit for habitation they have a duty to rehouse you, but of course they will not condemn the house because of this, they will pursue your Landlord to get on with the work by issuing a notice, can't remember the name of it. If your Landlord has been decent up until now this situation is unusual, the widespread flooding, he is probably having a problem finding a builder etc or even a dehumidifier or alternative accomodation for you and maybe you should think that if this was your own property would you be able to do anything quicker than he is?

I am presuming that your Landlord is a reasonable person who is trying to do the right thing but because of exceptional circumstances cannot practically do any better. If this is not correct of course it is different.

caza1001

Find out if your Landlords insurance covers loss of rent due to flooding. If it does - stop paying rent from date flooding occurred (i.e. you should get a refund).

If you can find somewhere else to go this is a good time to do so and your landlord probably wont stop you if he is getting the rent paid through insurance.