Renting: Ceiling collapse, temporary accommodation costs while repair work is performed

homelessatxmas

Hello,

Summary
Rented accomodation requires major repairs due to lack of maintenance. Landlord is refusing to rehouse us while repair work is carried out, is instead attempting to throw us out (without proper notice), please advise:

Background
We have lived in a property for a number of years. We have the 2nd floor of a 2 storey house. Always paid rent on time and have never had any complaints from landlord. Deposit protected under TPS.

In summer cracks appeared in the walls and ceiling which we advised landlord about. In autumn the roof leaked. Roofer came round and advised that he has been patching the roof for years, and has repeatedly advised landlord that it needs replacing.

Roofer patched roof, however weeks later a large a part of the ceiling fell in, fortunately not injuring anyone. Roofer came round and again advised that the roof is beyond repair and needs replacing.

Entire roof and ceiling need to be replaced. Landlord eventually agreed that no rent would be payable until repairs and redecoration had been completed (they're not out of pocket, as they've told us their insurance covers this). I've put the relevant section of the contract below. Entire ceiling needs replastering (which will take several weeks - period property cornicing etc) and clearly it is not possible to stay in the property while this is being done.

We asked landlord to cover the reasonable costs of temporary accommodation while the ceiling is replaced, as the repair work results directly from a lack of maintenance (as required under section 11 of the landlord and tenants act), however, they refused and gave the ultimatum, over Christmas, that we either pay ourselves or they will terminate our contract in two weeks when the work is due to start (notice period is two months).

Any advice on next steps.

Thanks in advance

Relevant section of contract:

3. Statutory Repairing Obligations
3.1. To comply with the obligations to repair the Property as set out in sections 11 to 16 of the Landlord and Tenant Act 1985 (as amended by the Housing Act 1988). These sections impose on the Landlord obligations to repair and keep in good order:
3.1.1. the structure of the Property and exterior (including drains, gutters and pipes);
3.1.2. certain installations for the supply of water, electricity and gas;
3.1.3. sanitary appliances including basins, sinks, baths and sanitary conveniences;
3.1.4. space heating and water heating;
but not other fixtures, fittings, and appliances for making use of the supply of water and electricity. This obligation arises only after notice has been given to the Landlord by the Tenant as set out in clause 4.2 of Schedule 1 of this Agreement.
3.2. To repay to the Tenant any reasonable costs incurred by the Tenant to remedy the failure of the Landlord to comply with his statutory obligations as stated in clause 3.1 of Schedule 2 above.

anselld

homelessatxmas wrote: »

Landlord eventually agreed that no rent would be payable until repairs and redecoration had been completed

homelessatxmas wrote: »

We asked landlord to cover the reasonable costs of temporary accommodation while the ceiling is replaced

If you are not paying rent for the duration you cannot also expect alternative accommodation to be paid.

Bossypants

Can't you use the rent money you are not currently paying to pay for somewhere to stay?

Lurkingtoposting17

As your contract says nothing about you getting to forgo payment of rent whilst work is carried out, I believe it is fair that you not paying rent during repair works would be adequate for you to rent alternative accommodation. If there is a shortfall or extra fees (for furniture storage if required) I would suggest it is reasonable to ask the landlord to pay the difference between what you have paid, and your usual rent as long as you can prove you have made attempts to ensure your costs are fair and reasonable (e.g. not booking into a local 5* hotel for 2 weeks...)