wyattlucy Posted January 14, 2010 Report Share Posted January 14, 2010 Hi All, I own a flat that has a tenant in there, we got a call on Sunday to say there was a puddle of water on the floor and he cannot work out where it had come from. I went straight round and established the leak was from the upstairs flat. I contacted the insurers first thing on Monday and they said to take the laminate flooring up to prevent the water causing damage to any of the other areas (its open planned). We did this and offered to put the tenant into a hotel because the flat was in a mess and there was allot of water damage after lifting the laminate. We also got the insurers to bring in a dehumidifier to start drying the flat. The tenant called me after two days in the hotel to say he was not paying his rent or paying the electricity bill because the flat is in a state and he can't stay there and the dehumidifier was using lots of electric. He also said he has decided to move out on the 16th because he doesn't want to wait for the repair works. Where do I stand legally? He has asked for his full deposit back, and for the four days rent that he has paid us (he pays on the 21st of each month) and for compensation for the inconvenience and for us to pay the electricity bill. As he hasn't given us a months notice can we keep the four days rent? Should he give us a months notice and continue paying the rent as he has been accomodated in a hotel at our expense? Also the flat can be lived in now, but the floor is concrete and we have to wait two more weeks for it to dry completely. Any advice would be greatly appreciated as I have never dealt with a situation like this before. I have always been very reasonable and this tenant seems to be asking for things that seem unfair as the leak was totally out of my control and I am doing my best to fix everything asap! Thanks Link to comment Share on other sites More sharing options...
bristol1 Posted January 14, 2010 Report Share Posted January 14, 2010 Hi All, I own a flat that has a tenant in there, we got a call on Sunday to say there was a puddle of water on the floor and he cannot work out where it had come from. I went straight round and established the leak was from the upstairs flat. I contacted the insurers first thing on Monday and they said to take the laminate flooring up to prevent the water causing damage to any of the other areas (its open planned). We did this and offered to put the tenant into a hotel because the flat was in a mess and there was allot of water damage after lifting the laminate. We also got the insurers to bring in a dehumidifier to start drying the flat. The tenant called me after two days in the hotel to say he was not paying his rent or paying the electricity bill because the flat is in a state and he can't stay there and the dehumidifier was using lots of electric. He also said he has decided to move out on the 16th because he doesn't want to wait for the repair works. Where do I stand legally? He has asked for his full deposit back, and for the four days rent that he has paid us (he pays on the 21st of each month) and for compensation for the inconvenience and for us to pay the electricity bill. As he hasn't given us a months notice can we keep the four days rent? Should he give us a months notice and continue paying the rent as he has been accomodated in a hotel at our expense? Also the flat can be lived in now, but the floor is concrete and we have to wait two more weeks for it to dry completely. Any advice would be greatly appreciated as I have never dealt with a situation like this before. I have always been very reasonable and this tenant seems to be asking for things that seem unfair as the leak was totally out of my control and I am doing my best to fix everything asap! Thanks Hi Wyattlucy As landlord you are responsible for fixing the problem (as it was not of your tenants making)and this probably includes the electricity costs of drying the flat out. If the flat is uninhabitable and you have offered him alternative accommodation which he has accepted I do not think he can refuse to pay you rent. If he has to give a months notice he should pay rent for the whole of that month whether or not he chooses to live there or leave early. This assumes that he has somewhere acceptable to live. Can he really live in the flat with a damp concrete floor and without the floor finish? Bristol1 Link to comment Share on other sites More sharing options...
wyattlucy Posted January 14, 2010 Author Report Share Posted January 14, 2010 Hi Wyattlucy As landlord you are responsible for fixing the problem (as it was not of your tenants making)and this probably includes the electricity costs of drying the flat out. If the flat is uninhabitable and you have offered him alternative accommodation which he has accepted I do not think he can refuse to pay you rent. If he has to give a months notice he should pay rent for the whole of that month whether or not he chooses to live there or leave early. This assumes that he has somewhere acceptable to live. Can he really live in the flat with a damp concrete floor and without the floor finish? Bristol1 Thanks for that information, very helpful. I would not want to live there as it is, but the insurers are saying in their opinion the flat is in a livable condition! Link to comment Share on other sites More sharing options...
landlord insurance Posted January 15, 2010 Report Share Posted January 15, 2010 The tenant has a right to end the agreement if the property is uninhabitable. The property was possibly not habitable at the time but I would agree with the insurers that it is now the leak has been sorted. It may not be in the best condition but as long as they can eat, sleep and wash with no health and safety issues then it is definately habitable. If the lease hasn't already been terminated then the tenant has no ground to cancel the lease and will need to continue to pay for the rest of the agreement. With regards to not paying the rent, the tenant is within their right not to pay rent for the duration of the property being uninhabitable but they are then expected to temporarily house themselves. You have been the good landlord and offered to house them yourself but this means that they should continue to pay rent. They can't have both! The insurer should pay for the damage and all costs to repair (inc. electric) and should also pay for the loss of rent or alternative accommodation provided. You may have trouble with the electric as you probably would have needed to record electric readings before and after but they may just ask to see what the bill compared to the tenant's average bill. Link to comment Share on other sites More sharing options...
Mortitia Posted January 15, 2010 Report Share Posted January 15, 2010 Hi Lucy, Why did the leak occurr in the first place? Was it an accident or carelessness on the part of the tenants above? Look into that one. Sounds like your tenant might want to move on anyway - ask them the real reason for leaving as you have tried your best to rectify things. Could be the best thing is to let them go but claw back as much as you think is correct regarding bills as Landlord Insurance says. There is nothing worse (well there is) than a tenant who does not want to be living in your property - think about that. If it were me I would let him go, do it up and re-let but get to know what is happening in the flat above to save it happening again. Mortitia Link to comment Share on other sites More sharing options...
Trenners Posted January 15, 2010 Report Share Posted January 15, 2010 Hi Lucy I think you have answered your own question ...... "I would not want to live there as it is, but the insurers are saying in their opinion the flat is in a livable condition!" So, the flat isn't good enough for YOU but you expect your tenant to still pay you rent and live there ........ interesting perspective ... dual standards perhaps? If the tenant wants out - let them leave without penalty ...... that's what you would want ... wouldn't you .... if you were this tenant and not the landlord ? Good luck MArk Link to comment Share on other sites More sharing options...
Mortitia Posted January 15, 2010 Report Share Posted January 15, 2010 Hi Trenners, Yes, I agree in fact I can honestly say I have never rented out anything I would not happily live in myself. Do the rest of you think likewise - or not? Mortitia Link to comment Share on other sites More sharing options...
wyattlucy Posted January 15, 2010 Author Report Share Posted January 15, 2010 Hi Trenners, Yes, I agree in fact I can honestly say I have never rented out anything I would not happily live in myself. Do the rest of you think likewise - or not? Mortitia Thanks for the replies, yes I wouldn't want to live in the flat. However I am doing my best to get the flat back to the condition it was in before the flood. Unfortunately I am reliant on insurers and the flat drying out before I can put a new floor down and decorate. Also the flood was caused by the flat above having a new bathroom fitted and then one of the pipe connectors cracking, so totally accidental. I think I have been very reasonable with my tenant and offered alternatives, but I think he was looking for an excuse to get out quick without having to give me notice. I am going to pay the electricity and I will let him go without giving me the months notice as I think it is the best option. Once again thanks ALL members for your replies, this forum has been most useful and I will certainly use it again. Lucy Link to comment Share on other sites More sharing options...
sherllin Posted June 15, 2010 Report Share Posted June 15, 2010 Hi All, Its really not good thing if your tenant is not giving you the notice but being a landlord you are having the responsibility of your flat. I just want to get you out of this problem. i would suggest you to contact with a flood restoration expert. they will solve your problem quickly. Thanks Provide flood damage repair Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.