Grampa Posted April 20, 2012 Report Share Posted April 20, 2012 We have been advised that it is a good idea to have a Habitation Clause in your rental agreements for the purpose of flood, fire act of god etc which brings the contract to an end... We don't at present in ours but I wondered if any any of you guys have. Though I am unsure how enforceable it is but I guess the contract is "frustrated" and there is that argument. Maybe a question for LAW Link to comment Share on other sites More sharing options...
Richlist Posted April 20, 2012 Report Share Posted April 20, 2012 I use a standard law society contract supplied by my agents together with X3 pages of extra clauses but none of it includes a 'habitation' clause. Link to comment Share on other sites More sharing options...
caravanj Posted April 20, 2012 Report Share Posted April 20, 2012 That's an interesting one. Also how easy is it to enforce any tenancy conditions if push comes to shove? Link to comment Share on other sites More sharing options...
Richlist Posted April 20, 2012 Report Share Posted April 20, 2012 In the vast majority of situations 99% of clauses are never actioned. I have a long list of extra clauses, some of which have never been tested in court......and probably never will be. The reason I have them is that to the uninformed tenant they look valid, very real and most tenants think they are legal and will be actioned if they don't conform. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted April 20, 2012 Report Share Posted April 20, 2012 My insurances cover alternative accom while the repairs are carried out, pretty well standard I thought, to a max figure of course. If a clause like that was called on surely there would be the 2 months (min) notice required anyway, you would hope repairs would be complete by then. Link to comment Share on other sites More sharing options...
Chestnut Posted April 20, 2012 Report Share Posted April 20, 2012 Flood and burst pipe repairs may take longer - drying period alone can be two months. Link to comment Share on other sites More sharing options...
Grampa Posted April 20, 2012 Author Report Share Posted April 20, 2012 thinking about it a bit more I am not sure it is a good idea. What if a tenant wanted to be released early from a tenancy and it wasnt granted? The tenant might decide to be careless and have a flood or fire. Link to comment Share on other sites More sharing options...
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