advice please AFTER FIRE!!!

Kasha

My freinds son rents a flat above the Landlords shop, the shop was deliberately set on fire during the night causing extensive damage to the shop and smoke damage to the flat above. My freinds son and his girlfriend only got out because of passers by managing to throw stones and wake them. He is upset, nervous of staying there incase it happens again and every where stinks of smoke so he has moved out.
The Landlord is refusing to give back the deposit saying my friends son has not given the notice required!!!! Is this legal? and what can he do to get his deposit back?

Pennywise

There is only one question that matters - is the flat habitable? If it is then the landlord is right.

What happened is unfortunate but changes nothing. It could easily happen to any flat above a shop.

Kasha

Thanks for your reply,

The flat isn't habitable because the Landlord has said they can move back in when he has redecorated? so the Landlord recognises it needs redecorating and secondly does it count for nothing that this fire was set deliberatly and could be someone with a grudge towards the shop/Landlord and they could easily set it on fire again? It is not an accidental fire that could happen to anyone. had that been the case they would not be so nervous of living there, It is the fear of it happening again that has made them not want to move back in?

moneysavinmonkey

so the tenant has moved out (presumably the landlord is paying for alternative accommodation whilst the redecoration is are carried out) but the problem is that once the flat is redecorated the landlord says the tenant must move back in but they don't want to as they are scared it will happen again?

unfortunately that is not something that the landlord has to accept as a reason to end the contract early. You will have to keep on good terms with the landlord and hope they can agree some reasonable compromise- can your friend's son find him a suitable replacement tenant, or would the landlord consider installing a cctv - as this will protect his property as well as the tenants peace of mind?

If your friend's son does nothing and walks away then the landlord is entitled to keep his deposit + can pursue him through small claims court for the rest of the rent for the rental contract term.

ka7e

Smoke damage can severely damage any electrical wiring (sooty deposits) - that is appliances AND domestic wiring. So the flat is not habitable until that has been checked out. Mattresses and soft furnishings (curtains, carpets etc) often have to be replaced, too. A lick of paint won't necessarily be all that is required.
So if your friend gives notice now, he could be entitled to his deposit back by the time the flat is habitable. The issue is more how he pays his rent now plus the cost of alternative accommodation. Someone's insurance should be picking up the bills - just not sure whose!

tbs624

You don’t say where your friend's son is living whilst the flat is cleaned up? The LL has a legal obligation to provide alternative accommodation of a similar standard if the property is not habitable , and should have insurance in place to cover this eventuality.

IMO your friend’s son should make an appointment asap with the Private Tenancies Officer at the local Council’s Housing Dept ask for an advice interview. The PTO can liaise with the environmental health dept to help them get the flat properly checked out so that they can be sure that the property is safe and habitable.

He could also get the local fire safety officer round - they will do a safety check and he can probably get a free smoke alarm from them too, as it doesn’t sound like the LL provided one (no legal obligation except in property built after 1992).

It may also be worth speaking to someone on Shelter’s helpline on 0808 800 4444 (seven days a week from 8am to midnight). Whilst he can’t use fear of a similar occurrence to prematurely end his contract, some LLs do take advantage of young tenants' lack of experience, and there may be other issues that need sorting out. Did the tenancy start after April 6 2007?

silvercar

There are circumstances in which the tenancy can be voided, if the flat is no longer habitable and unlikely to be so before the end of the tenancy.

It seems that none of this was the landlord's fault. The repair of the flat will be undertaken by the landlord's building insurance, any damage to the contents will be down to the tenants contents insurance - including any contents for which the tenant was responsible.

Kasha

Thanks for all your replies, some sound advice that I will pass on to him. My friends son is "back at mums" so the Landlord is paying nothing for temporary accomodation. He has only been in the flat since March and he decorated it throughout but He's decided come hell or high water he isn't going back, (Think there is more to this fire than just an accident) so he will just have to see what happens and perhaps cut his losses.
thanks again to everyone.