Webb Posted August 1, 2007 Report Share Posted August 1, 2007 If a property is severely flooded to the extent that it is uninhabitable and the tenant has to move out, what is the status of the tenancy? Agreements generally indicate that payment of rent has to cease in such a situation, but does this mean that the tenancy is effectively terminated? If not, and the tenancy remains in force, what would be the status of tenant's contents/furniture left in the property whilst the rent is not paid? Link to comment Share on other sites More sharing options...
Melboy Posted August 2, 2007 Report Share Posted August 2, 2007 According to my contract the Tenancy would cease. The Landlord (me) would not be responsible for re-housing, hotels etc. Tenant should have their own contents insurance in place for their possessions and the Tenant obviously pays no rent to the Landlord whilst not in occupation. Mel. Link to comment Share on other sites More sharing options...
GPEL Posted August 2, 2007 Report Share Posted August 2, 2007 The tenancy can only be ended early by a court order or mutual agreement, the cessation clause would be invalid under scrutiny... Link to comment Share on other sites More sharing options...
Webb Posted August 2, 2007 Author Report Share Posted August 2, 2007 Does this mean that a court order (or mutual agreement) to terminate would be required to get the tenant to remove any contents left behind? Whilst the property is uninhabited the tenant would not be paying rent, but might nevertheless presume a right to return once the property is OK again and continue the tenancy. Does this position depend on wording of individual contracts or is there a standard legal answer? Link to comment Share on other sites More sharing options...
GPEL Posted August 2, 2007 Report Share Posted August 2, 2007 There's no straight forward water-tight answer without a court order to end the tenancy. Based on the assumption that the tenant has left the property permanently, and you agree to this, you need to give the tenant notice to remove the items within a number of days or pay your costs for doing so, though they could legally come back to you in future and ask for them back or compensation; this area can be a bit messy but most just give some notice and then remove/dispose. If the tenant doesn't wish to terminate the tenancy, but can't live their while uninhabitable, I feel you would be entitled to some portion of the rent while their personal possessions are being kept at the address. Deciding whether or not the tenant has abandonded the property is a bit of a mine-field and you'll need evidence to support your view. Good communication can help prevent an unwanted problem occuring. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted August 5, 2007 Report Share Posted August 5, 2007 Hi cant really offer much advice here - except to say none of my porfolio is located on flood plains - and never will be ! unless we have a Tidal wave Simon Link to comment Share on other sites More sharing options...
Webb Posted August 6, 2007 Author Report Share Posted August 6, 2007 Thanks for responses. I was asking for a friend. So far my own BTL has been above the high water mark on last two occasions, but occupants a few doors away have not been so lucky. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.