yesplease Posted November 23, 2017 Report Share Posted November 23, 2017 I am the owner of one of the flats in the Hampstead fire on the news this week. The house is emptied, burnt and no one is allowed in. Sadly one person died, not my tenant. Camden Council who are the freeholders have put our tenant in a hotel till Sunday. They say that they are not obliged to let her have any accommodation after that. I am concerned for her. Is this correct and I would also be grateful for any advice you may have for steps that I should take generally as this has never happened to me before and I have no accommodation for my tenant. Link to comment Share on other sites More sharing options...
Richlist Posted November 23, 2017 Report Share Posted November 23, 2017 I don't know the legal position. I would suggest initially looking at your buildings insurance policy to see what cover is available. Link to comment Share on other sites More sharing options...
landlord insurance Posted November 23, 2017 Report Share Posted November 23, 2017 The buildings insurance should hopefully have alternative accomodation cover included. I would contact the insurer in question to obtain assistance. Link to comment Share on other sites More sharing options...
Grampa Posted November 23, 2017 Report Share Posted November 23, 2017 Legally the landlord doesn't have any responsibility to rehouse or bear the cost but if the reason for the property being uninhabitable was down to the landlord not complying with his repairing obligations that could change the liability. There is an argument that a contact becomes "frustrated" (see below) A contract may be discharged by frustration. A contract may be frustrated where there exists a change in circumstances, after the contract was made, which is not the fault of either of the parties, which renders the contract either impossible to perform or deprives the contract of its commercial purpose. Where a contract is found to be frustrated, each party is discharged from future obligations under the contract and neither party may sue for breach. The allocation of loss is decided by the Law Reform (Frustrated Contracts) Act 1943. Also the local authority has a legal obligation to rehouse A person is regarded as homeless if they have no accommodation available to occupy [s.175 Housing Act 1996]. A person is in priority need for accommodation if a person is homeless (or threatened with homelessness) as a result of an emergency such as flood, fire or other disaster [s.189(1)(d) Housing Act 1996]. Where a local authority has reason to believe a person is “homeless” and “in priority need for accommodation”, then, there is an interim duty to accommodate and as such they “… shall secure that accommodation is available for his occupation pending a decision as to the duty (if any)” [s.188(1) Housing Act 1996]. Link to comment Share on other sites More sharing options...
Melboy Posted November 25, 2017 Report Share Posted November 25, 2017 Before I read Grampa's reply my thoughts were that you have no liability under law as you are not responsible for the fire. Of course you would do everything you possibly could by way of assistance for your tenant but unless you have fire cover and accommodation clause for your tenant then emergency housing is down to the council.......possibly..........who knows these days what their responsibility is. My landlord's insurance ( Direct Line ) ) ( other landlord insurance companies are available ) does provide for emergency accommodation for my tenant in my contract so perhaps for landlord's reading this topic it may well be something to consider when taking out landlord's insurance in the future. Link to comment Share on other sites More sharing options...
yesplease Posted November 27, 2017 Author Report Share Posted November 27, 2017 Thank you everybody. A representative from Camden told me that they have an obligation to rehouse their tenants only. not the tenants of their lessees, so although I have not looked up Grampa's links yet, I will do. They did put her in a hotel for a few days and I am wondering if this implies anything. Link to comment Share on other sites More sharing options...
yesplease Posted December 21, 2017 Author Report Share Posted December 21, 2017 I have not come back to you as lots of worry here. My tenant has now found a flat and is not homeless, thank goodness. Now the insurance ritual dance starts and I am wondering how long this will go on for. Thanks everyone Link to comment Share on other sites More sharing options...
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