Landlord Liabilities

guru_ealing

Hi all, just looking for advice on a specific case and wondered what my liabilities are, as the tenants are requesting more each day. Was notified about a week ago about part of ceiling collapsing early last week. Sent couple of builders 2 days after incident to inspect, advised by builders ceiling will need replacing but in general quite safe. Tried to contact tenants to see when they could accommodate the works being done. 3 days later, the ceiling collapsed. Luckily no-one was hurt. Priority was to get the ceiling fixed asap and offered to re-house the tenants temporarily whilst works being done. Tenants decide to book a hotel room themselves, ignoring the serviced apartment which had been paid for. They are also requesting monetary compensation. I believe as a LL I acted reasonably and swiftly, and even offered without tenants request alternative accommodation. What other liabilities do I need to cover? They have paid rent in advance, and works will be no longer than a week. Would i need to reduce rents for the period as I have already paid for extra accommodation? Also if they don't take up accommodation that I have arranged, do I still have to pay for their hotel stay? Advice is well appreciated. Thanks

G_M

So you arranged accomodation for them and, I assume, notified them of this? In writing?

If they then ignored your alternative accomodation and arranged their own, then that is their choice and their expense.

If they make any claim for hotel bill, simply send them the receipt you have for the serviced accomodation you paid for and say this was arranged for you but you chose to go elsewhere.

Since you have paid for accomodation during the period of the works, they still need to pay rent. The contract you have with them is basically rent in exchange for accomodation. You've fulfilled your side, so they must pay the rent.

What other 'compensation' are they seeking? Compensation for what? Have they suffered any financial loss (apart from the hotel they stupidly chose to go to)?

ps - does your landlord's insurance cover the cost of alternative accomodation? Claim back the serviced accomodation charge.

melstar11

Did they actually ignore you telling them you had rented an apartment for them or had they booked themselves in somewhere before you told them? Did cancelling what you'd arranged incur charges? Given the builders advice turned out to be incorrect and the ceiling collapsed, I would pay for their hotel. You are lucky no one was injured. If they are without the amenity of the house they are paying for - and there will no doubt be a load of cleaning up to do - pro rata the rent and refund them for the days they couldn't stay there. Send flowers, chocs and bottle of wine if appropriate.

Is the ceiling being replaced on the insurance?

guru_ealing

@G_M: Yes I tried calling the tenant in the morning straight after I booked accommodation with no avail, hence followed up with a message. But apparently they didn't receive the message until the early evening when they had gone to the hotel and booked and checked in!? I think they are seeking compensation on top of the 'accommodation' such as distress caused?! The tenants told me they are seeking legal advice and will come back to me. I haven't informed the insurers yet as I was thinking of not putting in a claim in case my premiums go up significantly subsequent years, but I think in this case, I may have to just in case they pursue.

guru_ealing

They just booked themselves. I was v sympathetic to their case and felt bad which was why I offered a serviced apartment for their stay whilst out of the flat and was thinking of arranging a cleaning service when all the works had been done to ensure they can settle back in nicely. The serviced apartment has all been paid for and is non-refundable, hence I may have to pay for double the stay costs which I'm not sure about.

I just wanted to make sure this was all I needed to offer as I really did do all I could, and in a prompt and professional manner. But the tenants are now threatening further legal action for personal distress and shock, and potential life threatening harm? Anyway, will contact the insurers tomorrow

Innys1

guru_ealing wrote: »

They just booked themselves. I was v sympathetic to their case and felt bad which was why I offered a serviced apartment for their stay whilst out of the flat and was thinking of arranging a cleaning service when all the works had been done to ensure they can settle back in nicely. The serviced apartment has all been paid for and is non-refundable, hence I may have to pay for double the stay costs which I'm not sure about.

I just wanted to make sure this was all I needed to offer as I really did do all I could, and in a prompt and professional manner. But the tenants are now threatening further legal action for personal distress and shock, and potential life threatening harm? Anyway, will contact the insurers tomorrow

No good deed goes unpunished. Just refer them to your insurers - that's what you pay insurance premiums for.

Incidentally, it sounds like they could be chancers. I'd not be keen letting my house to them longer term.

G_M

I would not take the bluster too seriously. Distress and shock are hard to claim for, and as for 'potentially life-threatenig', well, no ones life was lost or eve hurt. You seem to have acted professionally.

The accomodation is awkward as they apparantly did not know you'd booked so presumably felt they had no choice. What communication had take place? Had you told them you were going to arrange it, or had they no idea? How did you send the message? Text? Email? Note through the door?
If they knew you had offered acomodation, they should have checked their messages before booking the hotel, but this could of course deteriorate into "We didn't know" " But I said...." etc

Are you a member of a landlords association (if not why not?)? Got legal cover under the insurance?

melstar11

Hmm - I think I'd speak to the insurers then. I'd think about asking them to move to the accommodation you've booked for them.

Prothet_of_Doom

When my 3 year old decided to try to turn the bath room into a swamp, and 1/2 the ceiling in the dining room fell down, did I feel the need to leave the house ? No. We cleared up the mess, contacted the insurance company, found a plasterer and got out of his way for 3 hours whilst he fixed it. It did not require alternative accommodation. The house was safe whilst we waited the 2 days because we pulled all the loose ceiling down to make it safe.
This is what home owners do. They don't move out unless they can't get heat and light into the house (actually when the heating broke big time we suffered for 2 weeks with temporary heating).
I wouldn't have offered anything. It was (probably) habitable.

Mojisola

guru_ealing wrote: »

@G_M: Yes I tried calling the tenant in the morning straight after I booked accommodation with no avail, hence followed up with a message. But apparently they didn't receive the message until the early evening when they had gone to the hotel and booked and checked in!?

So for one night they were booked into the hotel but then knew about the accommodation you were providing for them. Why didn't they move out of the hotel after that first night?

Rosemary7391

Prothet_of_Doom wrote: »

When my 3 year old decided to try to turn the bath room into a swamp, and 1/2 the ceiling in the dining room fell down, did I feel the need to leave the house ? No. We cleared up the mess, contacted the insurance company, found a plasterer and got out of his way for 3 hours whilst he fixed it. It did not require alternative accommodation. The house was safe whilst we waited the 2 days because we pulled all the loose ceiling down to make it safe.
This is what home owners do. They don't move out unless they can't get heat and light into the house (actually when the heating broke big time we suffered for 2 weeks with temporary heating).
I wouldn't have offered anything. It was (probably) habitable.

I think it really depends why the ceiling came down. If part of my ceiling randomly came down, and knocking upstairs got me no answer for possible causes, I'd be staying away until I could get a builder to look at it! Presumably the OP knew from the tenants description it would be safe, or it was a room such as a dining room that is easily avoided.

OP, it might help to get yourself a timeline organised so you're clear on what happened when, what messages/conversations were had when while it's still fresh in your memory. Keep any evidence of those things in good order. Be very clear with them (in writing, backed up with phone call) that they have the serviced apartment available for their use. If it's just one night from a misunderstanding, that's a bit different to an entire week! You could probably stand to go halves with them on one night if you wanted to be seen as on their side?