Renting - Oil Contamination

ryanc_2

We have been renting for over six months. When we moved into the property it was discovered the oil heating wasn't working as the flue was cracked and filled the burner with rainwater. It was repaired in October but we were left without heating for two weeks. For those two weeks we had our rent waived.

It turns out this week. After smelling oil that we discovered a damp patch on the wall inside adjacent to the boiler house. Apparently the pump had failed and there was a slow leak which has been described as an oil contamination. Which is potentially under the floors and in the founds.

As a result we have no heating and only hot water is an electric shower. We've been told we can't stay here once works are taken to repair the property. With our lease ending in sept.

The landlord has advised he is not sure how this is dealt with by the management agency and how we now proceed. If we are to be provided with an alternative house. Or a short term lease. Though I'm not sure of the quality of house available short notice.

Can anyone advise what our rights are in this situation? In the mean time we have been provided with two blow electric heaters and we already had a gas heater which I've now got a bottle for.

Sorry for the long post but any advice much much appreciated here.

anselld

If the contamination has made the property uninhabitable then, unless the L has been negligent in some way, they are not obliged to provide alternative accommodation and you will need to find somewhere else to live. The contract is "frustrated".

If the property is still habitable then the L would be obliged to provide alternative means of heating and hot water until such time as permanent repair can be done, however they could seek eviction under Section 8 Ground 6, in which case the L would be liable for your removal costs.

agrinnall

The situation is quite complicated, anselld's answer may give you some idea of that. I would suggest that you contact Shelter so that you are able to have a real time discussion of the options and get explanations of anything you don't understand.

https://england.shelter.org.uk/housing_advice/private_renting/landlord_responsibilities

They have an online live chat facility between 9 and 5, but I think you'd be better to speak to them in person, either at the nearest office to you or through their housing helpline.

http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

G_M

Anselld has explained about 'frustration' of the contract.

However it is a complex area of law.

How long will the repairs take - ie how long will the property be 'uninhabitable'?

Your tenancy expires in Sept, you say.

If the repairs will take until then, or nearly then (I told you it was complex!), then the tenancy is probably Frustrated - that means it ends, through no one's fault. No compensation is required from the LL (it was not his fault) and no rent required from you (you don't receive a property in return).

But if the repairs will be quicker, and the property will again be habitable before Sept (let's say end of June), then the contract will not be Frustrated. You will be ble to return to live there in July - Sept.

In that case
a) you should continue to pay rent throughout, as per the contract
b) the LL should continue to accomodate you suitably (ie in alternative accomodation while the repairs are completed, or at least until the property is habitable again).

If the LL has a decent insurance policy, the insurer should re-imburse the LL for the cost of this temporary accomodation.

If he does not have insurance, he must pay for it himself.

Deciding whether the length of time that the property will be uninhabitable is suficient (in relation to the remaining tenancy) to Frustrate the contract, can either be done by a court, or (better!) you could discuss the options amicably with the LL and mutually agree which way to go.