Tenants rights and additional needs

elsien

itsthelittlethings said:

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

The day-to-day supported living provider is not the landlord. The property has had no work done on it for a substantial amount of time and the kitchen and bathroom really are starting to fall apart. The work does need doing, the issues are around the practicalities of that. 

elsien

theartfullodger said:

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

End of.

The tenant does not have the capacity to make that decision and the work does need doing. 

elsien

Please can we forget the supported living bit, which I’m quite sorry I put in now, and just concentrate on the original question which was for any legal obligations there might be (if any) for a landlord when the tenant has to move out for work to be done. Thank you.

and before anyone starts questioning capacity for the tenancy, it is a legally valid tenancy. 

user1977

elsien said:

itsthelittlethings said:

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

Yes, it’s a tenancy not a licence. 

And it's an AST and it's in England?

elsien

Yes to both 

theartfullodger

elsien said:

itsthelittlethings said:

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

Yes, it’s a tenancy not a licence. 

You having read it (? did you ?) does it say anything about what the landlord is proposing, please??  Tenant does not have to agree to improvements

Are the proposed repairs or improvements needed and/or wanted by tenant?? (If not tell landlord no)

See also from the experts in these matters in England ....

https://england.shelter.org.uk/housing_advice/repairs/landlord_and_tenant_responsibilities_for_repairs

KxMx

elsien said:

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. 

The policy may cover alternative accommodation costs if the tenants normal home is uninhabitable etc.

Mine does, I also have access to a free legal advice helpline. 

itsthelittlethings

If it is purely about tenants rights I think the expectation would be that the tenant and the landlord work together to find a resolution. I don't know that the tenant has any legal rights relevant to this situation (presumably you are thinking of the landlord providing alternative accommodation while the repairs are done). I think the landlord does have a responsibility to provide accommodation that is fit for living in. This kind of work would usually be done around a tenant or in void periods.

HobgoblinBT

As the tennant is a vulnerable person with learning difficulties do they have a social worker who can help? 

Social Services may have access/contacts to a local respite care facility that could be help with a week or two’s accomodation whilst the property is being refurbished.   We have such facilities locally which my learning difficulties brother in law used on a couple of occasions.

elsien

theartfullodger said:

elsien said:

itsthelittlethings said:

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

Yes, it’s a tenancy not a licence. 

You having read it (? did you ?) does it say anything about what the landlord is proposing, please??  Tenant does not have to agree to improvements

Are the proposed repairs or improvements needed and/or wanted by tenant?? (If not tell landlord no)

See also from the experts in these matters in England ....

https://england.shelter.org.uk/housing_advice/repairs/landlord_and_tenant_responsibilities_for_repairs

That has triggered another line of thought, so thank you for that. Appreciated.