Best course of action here? Landlord/tenant issue

Gycraig

Don’t understand what the landlords insurance has to do with it tbh, either he owes you the money or he doesn’t. Whether or not he can claim it back off his insurance is his problem.

his obligations to you don’t change to you based on what is insurance pay 

Mrs_pbradley936

I think I would be trying to come to an arrangement about lowering or even stopping the rent until you are reimbursed. Don't do it without something in writing or else you might find yourself in arrears and be issued with a Section 8. I know you are leaving but it could blight you credit score.

As others have said the insurers are not your problem. This is all part and parcel of being a landlord, along with taking the rent he has obligations and responsibilities.
 

propertyrental

If it came to a court action to claim back your costs from the LL, my instinct is that he had agreed to reimburse you and you incurred costs as a result.

Unfortunately you may have shot yourself in the foot by continually linking it to the insurance claim, as opposed to claiming off the LL. Any insurance claim should be entirely between the LL and his insurers, whereas your claim is against the LL.

If the insurers turn down his claim for your accommodation costs, either because the policy does not cover this, or the circumstances don't meet their criteria in their opinion, or they only pay out for accommodation they arrange on your behalf, or whatever, the LL could say that both you and he had agreed your reimbursement was dependant on the insurer.

northernlass29876

propertyrental said:

If it came to a court action to claim back your costs from the LL, my instinct is that he had agreed to reimburse you and you incurred costs as a result.

Unfortunately you may have shot yourself in the foot by continually linking it to the insurance claim, as opposed to claiming off the LL. Any insurance claim should be entirely between the LL and his insurers, whereas your claim is against the LL.

If the insurers turn down his claim for your accommodation costs, either because the policy does not cover this, or the circumstances don't meet their criteria in their opinion, or they only pay out for accommodation they arrange on your behalf, or whatever, the LL could say that both you and he had agreed your reimbursement was dependant on the insurer.

Given where we are, what would you do?

HampshireH

I can't see anywhere your landlord has agreed to pay these costs.

He has been very clever by asking for receipts and sayings costs are reasonable etc. But where does he say he will pay?

He should have been paying your alternative accommodation from day 1

propertyrental

northernlass29876 said:

propertyrental said:

If it came to a court action to claim back your costs from the LL, my instinct is that he had agreed to reimburse you and you incurred costs as a result.

Unfortunately you may have shot yourself in the foot by continually linking it to the insurance claim, as opposed to claiming off the LL. Any insurance claim should be entirely between the LL and his insurers, whereas your claim is against the LL.

If the insurers turn down his claim for your accommodation costs, either because the policy does not cover this, or the circumstances don't meet their criteria in their opinion, or they only pay out for accommodation they arrange on your behalf, or whatever, the LL could say that both you and he had agreed your reimbursement was dependant on the insurer.

Given where we are, what would you do?

Submit a claim to the LL, in writing, at the address provided "for serving notices on the LL", enclosing your receipts and see what response you get

Deduction from rent is an option but could result in a S8 for rent arrears. Then you'd get your day in court....

northernlass29876

propertyrental said:

northernlass29876 said:

propertyrental said:

If it came to a court action to claim back your costs from the LL, my instinct is that he had agreed to reimburse you and you incurred costs as a result.

Unfortunately you may have shot yourself in the foot by continually linking it to the insurance claim, as opposed to claiming off the LL. Any insurance claim should be entirely between the LL and his insurers, whereas your claim is against the LL.

If the insurers turn down his claim for your accommodation costs, either because the policy does not cover this, or the circumstances don't meet their criteria in their opinion, or they only pay out for accommodation they arrange on your behalf, or whatever, the LL could say that both you and he had agreed your reimbursement was dependant on the insurer.

Given where we are, what would you do?

Submit a claim to the LL, in writing, at the address provided "for serving notices on the LL", enclosing your receipts and see what response you get

Deduction from rent is an option but could result in a S8 for rent arrears. Then you'd get your day in court....

I simply wrote them a stern sounding message asking them for an update and they said they would give me a call when they're back.

Why would deduction from rent result in a S8 for arrears if they agree to it in writing? (This would be the final month's rent anyway, and yes we do have that because we're in a no-deposit scheme and on periodic tenancy).

propertyrental

You asked

Given where we are, what would you do?

I would not have

simply wrote them a stern sounding message asking them for an update

but would have

Submit a claim to the LL, in writing, at the address provided "for serving notices on the LL", enclosing your receipts

northernlass29876

propertyrental said:

You asked

Given where we are, what would you do?

I would not have

simply wrote them a stern sounding message asking them for an update

but would have

Submit a claim to the LL, in writing, at the address provided "for serving notices on the LL", enclosing your receipts

Okay so if I do this, what if they refuse or just ignore? What recourse do I have then?

propertyrental

northernlass29876 said:

propertyrental said:

You asked

Given where we are, what would you do?

I would not have

simply wrote them a stern sounding message asking them for an update

but would have

Submit a claim to the LL, in writing, at the address provided "for serving notices on the LL", enclosing your receipts

Okay so if I do this, what if they refuse or just ignore? What recourse do I have then?

Well if you do as you suggested

simply wrote them a stern sounding message asking them for an update

I could ask you the same question!
The difference is one approach is more formal than the other, and a better springboard if (god forbid!) you end up making a claim in court.

Which of course is your ultimate 'recourse'.