Best course of action here? Landlord/tenant issue

northernlass29876

A home emergency around Xmas meant that we had to rent temporary accommodation for a couple of weeks.

Our landlord informed us that they would be claiming for this emergency on their insurance so they could cover that alternative accommodation cost. 

We’re still waiting for them to update us about the outcome of this insurance claim and we’re leaving within the next 6 weeks (unrelated to this). What is my best course of action?

(I’ve already asked them once for an update and it was in the vein of “I’ll let you know soon”).

theartfullodger

'phone Shelter, the charity, the experts in Landlord/tenant matters on 0808 800 4444.

What paperwork or emails from Landlord about this do you have please?

caprikid1

I think to get help, more detail is needed.

1. What was the home emergency
2. Did you chose to move out or were you instructed to ?
3. What does the landlords cover terms state in terms of what they will pay.

user1977

caprikid1 said:

3. What does the landlords cover terms state in terms of what they will pay.

Assuming it was necessary for the OP to find somewhere else to stay, what the insurers cover ought to be the landlord's problem rather than the OP's. It's the landlord who is liable to them, not the insurers.

northernlass29876

theartfullodger said:

'phone Shelter, the charity, the experts in Landlord/tenant matters on 0808 800 4444.

What paperwork or emails from Landlord about this do you have please?

Full text conversation plus the emails of us sending the receipts over. caprikid1 said:

I think to get help, more detail is needed.

1. What was the home emergency
2. Did you chose to move out or were you instructed to ?
3. What does the landlords cover terms state in terms of what they will pay.

1. Pertaining to drains/sewers
2. We couldn’t use ANY water, so you tell me?!
3. Not sure but he informed us multiple times that he is covered for this so long as we don’t “stay at the Ritz”

PRAISETHESUN

Presumably you are out of pocket personally, and are waiting for the LL's insurance to pay out to cover your expenses? Personally I'd be chasing the landlord a bit harder - letter before action, follow by money claim if they drag their feet. Separately, your LL should be chasing their insurance to cover the expenses they have/will have paid out to you.

TripleH

With point 2, who suggested you move out though, the landlord or you? Was this done in writing at all?

Was the water supply to your home turned off at any point / deemed unfit for human use by a professional person?

Insurance claims sadly don't work to your timetable either, it could be many months before they resolve matters.

We got robbed on holiday, despite the police knowing who it was, 1 of the offenders had been in court and served his sentence before the insurance company paid up. The only reason the other offender hadn't was because he was in prison in another state (for snother offence) when he was located.

Be prepared for this to take a while unless the landlord is prepared to pay out before he receives his money.

propertyrental

northernlass29876 said:

theartfullodger said:

'phone Shelter, the charity, the experts in Landlord/tenant matters on 0808 800 4444.

What paperwork or emails from Landlord about this do you have please?

Full text conversation plus the emails of us sending the receipts over. caprikid1 said:

I think to get help, more detail is needed.

1. What was the home emergency
2. Did you chose to move out or were you instructed to ?
3. What does the landlords cover terms state in terms of what they will pay.

1. Pertaining to drains/sewers
2. We couldn’t use ANY water, so you tell me?!
3. Not sure but he informed us multiple times that he is covered for this so long as we don’t “stay at the Ritz”

If you want meaningful advice here, please quote in full the exact wording of the texts and emails. Whether you can legally rely on the LL to cover your costs is likely to depend on this.

An alternative would be if, say, the council had declared the property unfit for habitation. That would give you grounds for a claim if there's a dispute.

Also relevant might be whether he said he would reimburse you (ie take liability for your costs) and then claim on his insurance, or whether he was relying on the insurer to reimburse you (which who knows? they might decline to do - insurance claims do get declined for various reasons)

northernlass29876

propertyrental said:

northernlass29876 said:

theartfullodger said:

'phone Shelter, the charity, the experts in Landlord/tenant matters on 0808 800 4444.

What paperwork or emails from Landlord about this do you have please?

Full text conversation plus the emails of us sending the receipts over. caprikid1 said:

I think to get help, more detail is needed.

1. What was the home emergency
2. Did you chose to move out or were you instructed to ?
3. What does the landlords cover terms state in terms of what they will pay.

1. Pertaining to drains/sewers
2. We couldn’t use ANY water, so you tell me?!
3. Not sure but he informed us multiple times that he is covered for this so long as we don’t “stay at the Ritz”

If you want meaningful advice here, please quote in full the exact wording of the texts and emails. Whether you can legally rely on the LL to cover your costs is likely to depend on this.

An alternative would be if, say, the council had declared the property unfit for habitation. That would give you grounds for a claim if there's a dispute.

Also relevant might be whether he said he would reimburse you (ie take liability for your costs) and then claim on his insurance, or whether he was relying on the insurer to reimburse you (which who knows? they might decline to do - insurance claims do get declined for various reasons)

The landlord specifically told us that alternative accommodation is covered and asked us to send him receipts of all the stays we make. So we don’t think there’s anything dodgy going on here, but since we’re moving out and we’d like to be refunded, we want to know where we stand. It’s a relatively hefty sum that I had to pay on a credit card. 

propertyrental

northernlass29876 said:

propertyrental said:

northernlass29876 said:

theartfullodger said:

'phone Shelter, the charity, the experts in Landlord/tenant matters on 0808 800 4444.

What paperwork or emails from Landlord about this do you have please?

Full text conversation plus the emails of us sending the receipts over. caprikid1 said:

I think to get help, more detail is needed.

1. What was the home emergency
2. Did you chose to move out or were you instructed to ?
3. What does the landlords cover terms state in terms of what they will pay.

1. Pertaining to drains/sewers
2. We couldn’t use ANY water, so you tell me?!
3. Not sure but he informed us multiple times that he is covered for this so long as we don’t “stay at the Ritz”

If you want meaningful advice here, please quote in full the exact wording of the texts and emails. Whether you can legally rely on the LL to cover your costs is likely to depend on this.

An alternative would be if, say, the council had declared the property unfit for habitation. That would give you grounds for a claim if there's a dispute.

Also relevant might be whether he said he would reimburse you (ie take liability for your costs) and then claim on his insurance, or whether he was relying on the insurer to reimburse you (which who knows? they might decline to do - insurance claims do get declined for various reasons)

The landlord specifically told us that alternative accommodation is covered and asked us to send him receipts of all the stays we make. So we don’t think there’s anything dodgy going on here, but since we’re moving out and we’d like to be refunded, we want to know where we stand. It’s a relatively hefty sum that I had to pay on a credit card. 

If you want meaningful advice here, please quote in full the exact wording of the texts and emails. Whether you can legally rely on the LL to cover your costs is likely to depend on this.

........................................................

northernlass29876

propertyrental said:

If you want meaningful advice here, please quote in full the exact wording of the texts and emails. Whether you can legally rely on the LL to cover your costs is likely to depend on this.

.......................................................

DAY 1 (22/12/22): When the problem has been identified and we can't use the water.

• LL: The earliest I can get the jetting company out is tomorrow. They haven’t confirmed a time yet. I’ll let you know when I know. I’m really hoping it is not a collapsed drain. Many thanks
• US: Thanks for letting us know. We are going to stay at a hotel tonight, possibly even 2 nights. Could you let us know first thing tomorrow when the company are due to come out so we can be back? Thanks
• LL: I completely understand this given the circumstances. If you could keep your receipt for this stay.

DAY 2 (23/12/22):

• LL: I’m still on hold to the insurance claims team. Probably best to sort a hotel for tonight and I will let you know what they say about the longer term when I can get through to them.
• US: No worries. Let us know when you can. In the meantime, we will sort something out for tonight.

DAY 3 (24/12/22):

• US: Good morning XXX. Did you manage to find out any further info from the insurance co.? We’ve got to check out here by 10am and we’re going to have to sort something alternative by about 12/1pm. Thanks.
• LL: Unfortunately from yesterday afternoon the insurance company only has an emergency number, which doesn’t provide any information about what type of accommodation they will or won’t cover (they are not back in untill the 28th when I will call them). I’ve also looked at my policy and accommodation is covered, but it’s non-specific as to if this needs to be a hotel or airbnb. I’m sure the insurance company will just be looking for the most cost effective option. If you want to send me the accommodation receipts and I will upload them to the live claim. 
• LL: Unfortunately from yesterday afternoon the insurance company only has an emergency number, which doesn’t provide any information about what type of accommodation they will or won’t cover (they are not back in untill the 28th when I will call them). I’ve also looked at my policy and accommodation is covered, but it’s non-specific as to if this needs to be a hotel or airbnb. I’m sure the insurance company will just be looking for the most cost effective option. If you want to send me the accommodation receipts and I will upload them to the live claim. I’m sorry this isn’t a great deal of help. It’s just a nightmare that this has happened on the holiday!  I'm attempting to find a contractor who will dig up the drive between Christmas and new year, but have had no luck yet. I’ll update you further, as soon as I have any news.
• LL: Hi XXX, I think that all the water leaving the house goes through the soil pipe, so I don’t think this is an option. Plus the portacabin suppliers have probably shut untill the new year, so alternative accommodation seems like the only option. I have arraenged for a contractor to undertake the works, starting on the 3rd, so hopfully everthing will be resolved by the 4-5th Jan.
• US: We’re just looking now - it’s not looking that cheap. We need laundry facilities, cooking facilities, parking etc. Effectively all the amenities we have here…hotels or airbnbs are equally steep at this time of year. Thoughts? I’m just telling you before we book because I don’t want to just spring an unexpected bill. Also bear in mind I’m looking for 12 nights - 24 Dec-5th Jan. Cos of time we’ve gone ahead and booked a 1 bed apt for £xxxx for 12 nights. It’s one of the cheapest we could find with all of the requirements - we’ve had to move quickly because you know how time is with these things. Hotels would have cost us more in long run with extra bills - laundry, food etc. with this place we can just take our food shop here and cook for ourselves. I’ve paid it on my credit card - how would we be reimbursed in the long run? Bank transfer or something?
• LL: Yes, that seems reasonable, given the time of year. If you can send me a copy of the receipt when you have the chance.
• US: Hi xxx, I've just sent the receipts over to [email address]
• US: Sure thanks for letting us know - another potential option is that if you were able to get a Portakabin in the back garden we could actually stay where we are and just use the shower at the gym. It depends on whether we are only unable to use the water upstairs or the whole house (because we’d still need laundry/dish washing facilities) This is why an Airbnb is probably a more cost effective option anyway - because it comes with all that included.

Nothing more until the 13th Jan...

• US: Hiya xxx, hope you’re well. I was just wondering if you had an update on the insurance claim and if we might be reimbursed for those nights away?
• LL: Hi xxx sorry for the slow reply, I’ll chase up the insurance claim early next week and get back to you.

Nothing more until the 17th Jan...

• US: Hi xxx, any news with the insurance claim?
• LL: Hi, my apologies for the slow response. I've had to deal with a few other issues at work, but I will get back to you next week to sort out the claim with the insurance and arrange the internal remediation works required. Have a good weekend.

Then they send someone round to do some minor works without letting us know. That's it to date...