Alternative accomm while repairs carried out – privately renting

aleen

I live in Scotland, I rent privately. My bathroom is leaking water downstairs, which is a council owned flat. The occupier downstairs has called the council’s Env Health so they are now onto the landlord. They are willing to start work immediately, but asking for help with the cost by way of paying rent in advance. We are in a position to help with this but would not cover more than 4-6months at a time as we might want to move out by then. The whole bathroom needs replaced, including flooring which is probably rotten. I imagine cost is 3-4 grand upwards and the time quoted is 2 weeks, so in real time, I am thinking 4 weeks as builders always underestimate this stuff don’t they? Landlord is away for 2 months, they own a B&B but cannot relocate us there as apparently the insurance does not cover them for us staying there while they are away. They are suggesting we stay in their own house for no extra cost other than electric and gas. I thought it was very cheap of her to mention this, although fair is fair. Can I then also claim a reduction in rent for the time I am out, or help with the electricity cost that the plumber will use? :rotfl:

What are my rights/her obligations in regards to alternative places to live? I will not be comfortable in the landlord's house obviously – I don’t have family that I can stay with. I can possibly ask some friends but 3-4 weeks is quite a lot. They also insisting I do this right away, but my partner is away and my parents are with me ( so it’s 3 of us for the next 5 days, or 2 of us after that). They are not willing to wait these 5 days.

silvercar

Either they provide accommodation and you continue to pay rent or you sort yourselves out and don't pay rent. The third option is to consider the contract "frustrated" and the tenancy ends, though this is unlikely for such a short period.

The fact that you have guests is irrelevant - your rental agreement doesn't provide for your landlord housing your guests.

I wouldn't be paying rent in advance! Landlord need to sort their own finances!

aleen

silvercar wrote: »

Either they provide accommodation and you continue to pay rent or you sort yourselves out and don't pay rent. The third option is to consider the contract "frustrated" and the tenancy ends, though this is unlikely for such a short period.

The fact that you have guests is irrelevant - your rental agreement doesn't provide for your landlord housing your guests.

I wouldn't be paying rent in advance! Landlord need to sort their own finances!

I would not want to move out, I am due with my first baby in 7 weeks and I have just spend a week improving the flat in preparation for this.

I am not asking that they house my guests, but that they wait the 5 days while my guest leave.

They are likely to be more sour and difficult if we refuse to help with costs just out of principle. The way it was worded and put forward was that we re getting a new bathroom, as if it's such a privilege that we should happily contribute.

Regarding living in their house, should I just be grateful this was offered and take it?

pinklady21

Try calling Shelter Scotland, they may be able to offer advice.

Personally, I would not be moving out unless it was an emergency, would not be paying any rent in advance, and would want any alternative accommodation to be offered on a "like for like" basis. ie if my current accom is self contained, a room in the landlord's house might not suffice.

Could you remain in the flat while the bulk of the works are being done, and move to, say, a hotel or B and B for a couple of days while the water is shut off? (depending on the scale of the works this may not be feasible, but might be worth considering.)
Best of luck.

DottieDam

It sounds like they can't afford to do the work and at the end of the day it is their house, so while you get the benefit of a new bathroom you certainly shouldn't be expected to contribute towards it. I really wouldn't be happy paying rent in advance and although you say you don't want to move, I would be thinking of handing in my 28 day notice. If they are struggling with this cost imagine if something else goes wrong (boiler needs replaced etc) after the bathroom and they have no way to pay for it!?

I personally wouldn't be comfortable staying in their house, it would blur the professional lines a little too much for me but I don't know what your actual rights are.

G_M

Well you could move into the LL' house and see how you like it. No reason to leave if you're happy there.......


But seriously - he wants yu to help finance the repairs? No way. If he can't afford to run his letting business he should not be letting.


With many repairs I'd be suggsting you negotiate over delaying the start of the work by 5 days - even deny access for that period if necessary. But in this case your leak is affecting downstairs, plus EH are involved and doubtless forcing the LL to get on with it.


I imagine you can stay in the property. Most builders should be able to ensure basic services are maintained most of the tiime, perhaps with just a couple of days when all the water is off.

aleen

pinklady21 wrote: »

Try calling Shelter Scotland, they may be able to offer advice.

Personally, I would not be moving out unless it was an emergency, would not be paying any rent in advance, and would want any alternative accommodation to be offered on a "like for like" basis. ie if my current accom is self contained, a room in the landlord's house might not suffice.

Could you remain in the flat while the bulk of the works are being done, and move to, say, a hotel or B and B for a couple of days while the water is shut off? (depending on the scale of the works this may not be feasible, but might be worth considering.)
Best of luck.

I have been reading things on their website, it looks like I would have to accept the alternative accommodation, or find my own and ask for a reduction in rent. Their house is completely empty and I imagine we would have full use of it, LL is away until March. Plumber says water needs cut off, and floor joists might need replaced, not sure how long we can stay. Presumably kitchen would be off as well as heating.

DottieDam wrote: »

It sounds like they can't afford to do the work and at the end of the day it is their house, so while you get the benefit of a new bathroom you certainly shouldn't be expected to contribute towards it. I really wouldn't be happy paying rent in advance and although you say you don't want to move, I would be thinking of handing in my 28 day notice. If they are struggling with this cost imagine if something else goes wrong (boiler needs replaced etc) after the bathroom and they have no way to pay for it!?

I personally wouldn't be comfortable staying in their house, it would blur the professional lines a little too much for me but I don't know what your actual rights are.

Been in the flat for 6 years plus. In this time I needed/had done a boiler replacement, washing machine replacement and fridge. All after first attempting to repair ( bar the fridge, which they replaced with a used fridge from another rental). I've always complained about the bathroom looking crap tbh. However really not comfortable moving, I have a monthly rolling contract and do not want to move somewhere where I need to commit to 6 /12mnths. And as said, I just spend one week arranging additional storage and minor improvements, with the help of my parents in preparation for the arrival of my baby. Thirdly, I am still paying rent at the same rate we started on, 6 years ago, and moving somewhere else, that would go up

G_M wrote: »

Well you could move into the LL' house and see how you like it. No reason to leave if you're happy there.......


But seriously - he wants yu to help finance the repairs? No way. If he can't afford to run his letting business he should not be letting.


With many repairs I'd be suggsting you negotiate over delaying the start of the work by 5 days - even deny access for that period if necessary. But in this case your leak is affecting downstairs, plus EH are involved and doubtless forcing the LL to get on with it.


I imagine you can stay in the property. Most builders should be able to ensure basic services are maintained most of the tiime, perhaps with just a couple of days when all the water is off.

EV came round about a week ago. The leak downstairs was first reported some serious months ago, I'd say maybe 4-5 months? Our shower screen fell off as the wood holding it was rotten, so then we started showering nearly stuck to the wall, so all the water run off went on the wall and through dislodged tiles. Point being, I do not think these 5 days will make a difference in the grand scheme of things. EV people were very sympathetic when I mentioned I am preg, any point calling and asking about what standards LL needs to comply with for our rehousing?

parkrunner

Just my own opinion but for me it would be


1) No advance rent
2) Move into their house
3) Keep paying the rent
4) Not pay anything towards utilities in their house.

pinklady21

aleen wrote: »

I have a monthly rolling contract and do not want to move somewhere where I need to commit to 6 /12mnths.

Just on that point, bear in mind that all new tenancies in Scotland are now PRTs: Private Residential Tenancy.
This type of tenancy does not have a minimum length of contract. In theory, you could give 28 days notice on your first day if you wanted to!

If you do move, beforehand, make sure you get any agreement with your landlord about living in his house in writing - eg will you have exclusive occupancy? You will pay the same rent, with same conditions as your current flat etc etc.

AdrianC

aleen wrote: »

I live in Scotland, I rent privately. My bathroom is leaking water downstairs, which is a council owned flat. The occupier downstairs has called the council’s Env Health so they are now onto the landlord. They are willing to start work immediately

They don't have a choice...

but asking for help with the cost by way of paying rent in advance.

They're having a laugh, right?

The whole bathroom needs replaced, including flooring which is probably rotten. I imagine cost is 3-4 grand upwards and the time quoted is 2 weeks, so in real time, I am thinking 4 weeks as builders always underestimate this stuff don’t they?

Not necessarily - it's not THAT big a job. Letting it dry out once the floor's up is going to be the longest part.

Landlord is away for 2 months

That puts the "We can't afford to pay for the work - can you pay rent in advance?" into perspective, don'cha think?

Landlord is ... suggesting we stay in their own house for no extra cost other than electric and gas. I thought it was very cheap of her to mention this, although fair is fair. Can I then also claim a reduction in rent for the time I am out, or help with the electricity cost that the plumber will use? :rotfl:

I don't think it's the landlord who's being "cheap" here... You'd be using electricity and gas in the flat, too, and you'd still be paying rent. I doubt the plumber will use much more than a few quid of electricity at all, unless they put a heater to help dry it out.

What are my rights/her obligations in regards to alternative places to live?

She has to provide one.
End of.
She is providing one.
Job jobbed.
If she cannot provide one, the tenancy is frustrated, and you're released from it and free to move...

I will not be comfortable in the landlord's house obviously

You don't have to be "comfortable". You have to be housed.

They also insisting I do this right away, but my partner is away and my parents are with me ( so it’s 3 of us for the next 5 days, or 2 of us after that). They are not willing to wait these 5 days.

The work has to start as soon as possible. The landlord is under no obligation to provide alternative accommodation for your guests.

diggingdude

If you end up lending the landlord money for the repairs in the form of rent up front be sure to get this in writing signed and witnessed. Either they are playing a game or they are skint. Either way don't trust them