Tenants rights and additional needs

elsien

Tenant has a learning disability, and their supported living property is paid for by benefits. 

I don’t have full details of the landlord other  than it’s not council or housing association, but I am presuming any legal obligations will be the same  regardless of who it is.
Tenant needs to move out so that the property can be refurbished. Because of their additional needs it is not possible for them to stay in the property and the workmen to work around them. They will probably need to be out for a couple of weeks, but It could be longer if the landlord finds any other issues when they get in there. 

Is there any obligation on the landlord to provide or fund an alternative or does that depend on the specific terms of the tenancy? The proposal of the work has come from the landlord. 

There is a query around how the tenant could fund themselves if they still have to pay the rent on their own property for the duration.


(and yes I’m aware that this could go to the local authority et cetera but am concentrating specifically on housing rights for this question.)

itsthelittlethings

I would say there is a moral obligation if it is supported housing. There is probably a legal obligation on the LA to provide appropriate housing while the refurbishment is being done, the LA will be commissioning the supported housing because they are legally bound to satisfy that persons needs. The needs don’t go away for two weeks while the house is being refurbished.

If it really is true supported living social care will be in the background somewhere and should come up with a solution to this problem. Are they suggesting the person stay with family or similar, and is there a reason why this can’t happen?

elsien

No family. LA are involved but as I say, regardless of their duty to support and as per my post, I want to know specifically what the housing rights are under an AST.

KxMx

If the tenant has contents insurance, this may be covered under the policy. 

theartfullodger

Which country? E.g. NI, Wales...?  Laws and rights vary.

Someone needs to read tenancy agreement and other related documents carefully...  Nb landlord can fail to do things that may give tenant extra rights 

Good luck.

elsien

They are in England. 

elsien

KxMx said:

If the tenant has contents insurance, this may be covered under the policy. 

Really? The issue isn’t with the belongings, but with the landlord needing to put in a new kitchen and bathroom and decorate. 

itsthelittlethings

Are you sure they have an AST not a licence to occupy?

theartfullodger

Tenant should just say they are content with how things are now & not prepared to vacate.

End of.

itsthelittlethings

It seems very surprising that supported living are asking a vulnerable person to move out while repairs are done and sort themselves out.

elsien

itsthelittlethings said:

Are you sure they have an AST not a licence to occupy?

Yes, it’s a tenancy not a licence.