Tenants rights and additional needs

theartfullodger

KxMx said:

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. 

IMHO (I'm a landlord) in these circumstances the landlord should be paying for any temporary accomodation IF AND ONLY IF tenant is happy to move out temporarily & trusts landlord not to evict them whilst they are living elsewhere.  (I wouldn't trust a landlord in those circumstances)

Does tenant WANT these repairs/improvements??

Good luck & best wishes.

EssexHebridean

Is there is a requirement for them to move out, then would the LL not also have to suspend the requirement for rent to be paid for the duration? 

pmlindyloo

elsien said:

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.)

This Shelter website may help:

Repairs and housing conditions - Shelter England

My own opinion is that since it is neither a council or housing association property then the advice for the tenant will be different.

You say it is 'supported living accommodation'.  What form does this take?  If there is any 'human' support then I think that person would be the person to speak to.  Or, as suggested, the tenant's social worker or the tenant's appointee (they probably have one for the management of their benefits)  From what you say someone needs to advocate for them.

I also feel that the information you need may well be in the tenancy agreement.

If you are still struggling to find definitive answers then you could contact Shelter but they will probably need full details of the landlord and the tenancy agreement.

ripplyuk

KxMx said:

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. 

Are you sure? Mine will cover alternative accommodation costs if the home is uninhabitable due to damage covered under the policy but it definitely won’t cover me if I need to move out because I’ve decided to renovate. I’m surprised that any insurer will. 

Herzlos

If the landlord isn't involved in the support then I think their obligation only goes as far as providing alternative accomodation for however long the flat in uninhabitable. Which probably means a hotel for 1 or 2 weeks.

If the tenant needs something in addition to that, then it'd need to be arranged with whoever is providing or paying for the support.  That may need to be respite care if a regular hotel isn't suitable.

Do they have any funding or support for a holiday? If so then it may be worth trying to sync those up  and stay in a suitable holiday accomodation rather than being trapped in a hotel room. 

KxMx

ripplyuk said:

KxMx said:

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. 

Are you sure? Mine will cover alternative accommodation costs if the home is uninhabitable due to damage covered under the policy but it definitely won’t cover me if I need to move out because I’ve decided to renovate. I’m surprised that any insurer will. 

I advised to check as it MAY cover the situation described in OP - which is different to the scenario you described.