Subsidence and other problems in private tenancy

Kathymel

Hello.

I moved into my current home two years ago. It is a dry stone cottage and was in some disrepair. The landlord's agent and I came to an agreement that I would do some work in return for a reduced rent. As the work progressed it became increasingly obvious that the building was in need of some significant structural work. The floor has not dried out in some places in two years, the roof leaks like a sieve and the walls leak in places too. As do both flue liners.

I had a mason come to look at the building (with the estate's permission), who said the entire building would need to be underpinned and the ground floor would need to be replaced. He sent an estimate, which has not been accepted as yet. I stopped the work I had been doing (mostly pointing and interior partitions, at that point), because it would all have become damaged or would need to come out as a result of the major work needed.

I suggested that the estate rehouse me temporarily whilst they carried out the work. I asked them to provide on-site storage for my furniture and other belongings so I would not have to move everything down my long, narrow and rocky track, which allows access to, at most, a small transit van (and then only if the driver is not precious about the paintwork). I expected to have to move only the downstairs furnishings, as the top floor should not be overly affected by the works.

The estate has now asked me to vacate the property entirely whilst they carry out the work 'as funds permit'. They have not given me a timescale. The property they are expecting me to move into is also very damp and floods regularly. Their many attempts to cure this have met with failure. (Today, I walked round it to discover the latest investigatory trench they have dug is being filled with the outflows from the sinks, bath and toilet soil pipe of the house next door. They have left it like this for a week.)

The builder they employ is consistently below par and I worry about the standard of work I shall be returning to if I vacate the property entirely, rather than remaining as a tenant and having some say in the work. (I have educated myself as to the best practices for stone buildings - they would treat it like a brick structure and create damp by sealing walls where the stone needs to 'breathe'.)

You are probably wondering at this point why I want to stay. Me too, sometimes. But, I have put two years of back-breaking work into it, love it despite it's faults, love the area, love the view, love the fact that it's a 5 minute walk (through the mud) from my ex and best friend (whose sewage is currently filling the trench) - it's the house I've wanted all my life. Just me and the sheep and the woods (and the stream that frequently washes away the drive).

I originally signed up to a three year tenancy, which runs out in April 2017. The estate want to tear that up and create a new one for the other damp house. On completion of the works, they say they will start a new contract back at my current house which will honour the previous reduction for the work I have done. Or, if I wish I may remain at the temporary house under the same agreement.

If I have explained that clearly enough that anyone understands my dilemma, should I go along with the estate, or should I demand that the current tenancy agreement is held to, somehow.

What guarantees, if any, can I ask of the estate? Does my current tenancy protect me?

Thanks if you made it to the end of that. Even more thanks if you reply.

powerwin

I'm not a lawyer but ...

Read the current tenancy agreement and see what it says about keeping the property maintained. Depending on the way it is worded, the landlord probably has a legal obligation to keep it in a habitable condition. Thus, the present tenancy agreement is probably strongest for you, and you should think twice before terminating it. If the original house is not habitable, then you may even be entitled to compensation etc. Whatever, it is likely to be best to stick with the current contract and see how you can "play" it to your advantage. Do some homework, and if necessary, speak to a lawyer or Citizens Advice Bureau.

Good luck ... this is just my personal opinion, it is not legal advice.

Rgds

AdrianC

All logic says that this is the time to shrug and find somewhere elsewhere.

But... as you say, this is not logical. This is emotional. So it's entirely down to you and what you WANT to do.

The compromise route, between emotion and logic, says to more somewhere else temporarily, then move back when your current place has been underpinned.

AnotherJoe

If I have explained that clearly enough that anyone understands my dilemma, should I go along with the estate, or should I demand that the current tenancy agreement is held to, somehow.

---

My POV as a layman.
Your contract is for a specific property which is clearly uninhabitable and it does need you to move out so builders can complete works unhindered.this latter point seems reasonable to me.
So, what happens in those circumstances? Do they have to provide another equivalent property, or is the contract negated at that point ? I don't know.

Next point. Seems to me by the time the work is done, you'll have very little oF the original tenancy left anyway. Such works could take 6-9 months. Also, at that point they are free to not renew it when the time is up. Do you think they will ? If you think not you may as well move elsewhere now which would seem not to be the new place they've suggested.

So I think either you believe they are reasonable,will renovate and let you stay in place when it's fixed, in which case point out them that new property is very poor and they need to provide somewhere else or you just move elsewhere and forget the whole thing perhaps looking to rent it again if it becomes available as and when it's fixed.

FBaby

The problem is that it isn't your house and you therefore don't get to make the decisions around structural repairs etc... All you can do is demand that the landlord fulfill his statutory duties and the terms of the agreement. Everything over this is a case of negotiating with them, not make demands.

Write to the landlord and states your wishes and whether these could be accommodated. In regards to the builder, all you can do is raise your concerns and include any evidence you can provide to that effect, but ultimately, they are entitled to chose anyone whether you like them or not. If they do a bad job, than it is for the landlord to take it with them. If they are happy with what is done but you're not, then it still comes back down to you looking for another property (at the end of the term, unless again, they are failing in their statutory duties).

Davesnave

AnotherJoe wrote: »

Next point. Seems to me by the time the work is done, you'll have very little oF the original tenancy left anyway. Such works could take 6-9 months. Also, at that point they are free to not renew it when the time is up. Do you think they will ? If you think not you may as well move elsewhere now which would seem not to be the new place they've suggested.

^ This.

You should be clear now that the works, if they are carried out to a good standard, will probably push the potential rent for the property into a different league.

If this is the case, do you imagine your landlord will be content to give you a new contract on similar terms? We don't know the situation, but from what's written, a picture of a truly diligent landlord hasn't formed in my mind.

Very often, old estates appear strapped for cash and badly managed to the point where actions are only taken in reactive ways, and this is exactly the picture you paint re drainage. I've heard it all before. In the case I'm thinking about the tenant gave up and found somewhere less picturesque, but much more habitable.