Providing alternative accommodation for Tenants due to damag
Discussion
Any pointers here would be useful, I have a house where the header tank in the loft started leaking and flooded the house to some extent. At exactly the same time, the boiler on the ground floor started spraying out water and flooded the ground floor too. The boiler had broken the day before and was therefore inoperative. The tenant said he heard some kind of explosion and then these both started leaking, meanwhile there was smoke in the house from some of the electrics or sockets getting wet. I have not been to the house yet as one of the builders I know went out and after an hour or so and turned off the water.
The sparky came the next day and said the electrics were fine and to give it a couple of days and he would came back, he said had isolated/turned off the areas that had been flooded in the meantime. He foresaw no problems.
The plumber came the same day and cannot work out how the boiler has started spraying out water until he take some parts off, he did comment that he cannot see the relation between the header tank explosion and the boiler leak and could not understand how they would happen at the same time. Meanwhile he went upstairs and capped off the supply to the header tank (before the water for the house was turned back on) and commented that the leak appeared to be from the breather pipe and that the header tank looked like it had been moved so that it was no longer underneath this pipe, hence the leak.
Independent insurance assessor came out this morning and called me to say that the loft flood would be covered however he cannot see how it caused a problem in the boiler and was very confused. No damage apparently on the ground or first floor.
I am also suspicious about the random boiler explosion.
I've now bought a new boiler but my plumber man cannot install till Monday morning. Tenant is now screaming about me getting him a hotel until the boiler is back in. I can't get hold of the actual insurance company so although alternative accommodation is on my policy I can't actually action it until Monday.
To add to complications I am in court next month for a possession hearing to get this tenant out as he has not paid rent for approx 18 months, although I've had some recently off the UC.
Any advice?
I was thinking of asking him to pay for any alternative accommodation himself for now and it can be paid to him from the insurance company as and when, or he can take it off the multiple thousands of rent he owes.
The sparky came the next day and said the electrics were fine and to give it a couple of days and he would came back, he said had isolated/turned off the areas that had been flooded in the meantime. He foresaw no problems.
The plumber came the same day and cannot work out how the boiler has started spraying out water until he take some parts off, he did comment that he cannot see the relation between the header tank explosion and the boiler leak and could not understand how they would happen at the same time. Meanwhile he went upstairs and capped off the supply to the header tank (before the water for the house was turned back on) and commented that the leak appeared to be from the breather pipe and that the header tank looked like it had been moved so that it was no longer underneath this pipe, hence the leak.
Independent insurance assessor came out this morning and called me to say that the loft flood would be covered however he cannot see how it caused a problem in the boiler and was very confused. No damage apparently on the ground or first floor.
I am also suspicious about the random boiler explosion.
I've now bought a new boiler but my plumber man cannot install till Monday morning. Tenant is now screaming about me getting him a hotel until the boiler is back in. I can't get hold of the actual insurance company so although alternative accommodation is on my policy I can't actually action it until Monday.
To add to complications I am in court next month for a possession hearing to get this tenant out as he has not paid rent for approx 18 months, although I've had some recently off the UC.
Any advice?
I was thinking of asking him to pay for any alternative accommodation himself for now and it can be paid to him from the insurance company as and when, or he can take it off the multiple thousands of rent he owes.
Whoever is legally advising you on the court case, I would take advice from them immediately on this. You need to be seen by the court to have done everything you reasonably could to have made the tenant comfortable.
You also need to ignore the fact the tenant owes you rent and treat them as you would if they were up to date. I assume you now have the electric back on safely?
If so check the tenant at least has electric heaters and a kettle etc.
You can't change the locks, the court will throw the book at you.
The above is all just imo. The courts are very much on the side of tenants and anything you do that is seen as unreasonable will set you back to square one and even a fine.
For your court case I hope you have all paperwork in order like up to date gas cert, deposit protected etc etc else again expect to go back to square one.
Good luck, it sounds like the tenant has been tampering with the plumbing but the judge is not likely to have much interest in that at all it will be all about how you have behaved!
All imo!
You also need to ignore the fact the tenant owes you rent and treat them as you would if they were up to date. I assume you now have the electric back on safely?
If so check the tenant at least has electric heaters and a kettle etc.
You can't change the locks, the court will throw the book at you.
The above is all just imo. The courts are very much on the side of tenants and anything you do that is seen as unreasonable will set you back to square one and even a fine.
For your court case I hope you have all paperwork in order like up to date gas cert, deposit protected etc etc else again expect to go back to square one.
Good luck, it sounds like the tenant has been tampering with the plumbing but the judge is not likely to have much interest in that at all it will be all about how you have behaved!
All imo!
zedstar said:
To add to complications I am in court next month for a possession hearing to get this tenant out as he has not paid rent for approx 18 months, although I've had some recently off the UC.
Any advice?
I was thinking of asking him to pay for any alternative accommodation himself for now and it can be paid to him from the insurance company as and when, or he can take it off the multiple thousands of rent he owes.
He hasn't paid any rent for 18months and this suspicious double issue with property damage occurred now? Any advice?
I was thinking of asking him to pay for any alternative accommodation himself for now and it can be paid to him from the insurance company as and when, or he can take it off the multiple thousands of rent he owes.
Hes desperately going to claim the place isn't liveable or he's getting ready to leave and is causing damage?
Both seem odd timing.
Great advice guys, I've paid for a hotel for a couple of days whilst the boiler gets sorted, after abusive messages from him and his mum.
I think absolutely correct that he is trying to claim unliveable house and damages to try and bring his arrears down and try and maintain the tenancy. Although he told me today that the 'rent and tenancy are void and as we will find out in court'.
Good thing is that we can take some time to dissect the boiler now and see where this leak was actually from, if we find any damage that looks like it was done on purpose I can take some steps.
I think absolutely correct that he is trying to claim unliveable house and damages to try and bring his arrears down and try and maintain the tenancy. Although he told me today that the 'rent and tenancy are void and as we will find out in court'.
Good thing is that we can take some time to dissect the boiler now and see where this leak was actually from, if we find any damage that looks like it was done on purpose I can take some steps.
Knoxville2410 said:
Reading this makes me so angry.
How can someone get away with not paying for 18 months?!
Because the Tory government ok'd it legally! March last year they stopped all eviction court cases including those already in the pipeline. It was a green light for the unscupulous to stop paying rent safe that they wouldn't face court for at least 6 months. Add to that the fact cases were taking 6 months to get to court anyway and now there is a huge backlog don't be surprised if the unscrupulous get away with no rent for 2 years. Note in many cases the rent has been paid to the tenant by the council but has not been passed on to the landlord so the taxpayer is being swindled too.How can someone get away with not paying for 18 months?!
Indeed they did, my possession case was for the end of March and so it got deferred till now. I've been lucky though, I've had his housing benefit payments from the UC paid directly to me, so I've had some money each month. It does grate a bit though that I've had to spend a couple of grand now trying to get him out, but Shelter give him free legal representation to keep him there.
t. Are you sure he/she/they didn't sabotage the header tank and boiler?mikeveal said:
Colonel Cupcake said:
Can you not deem the property uninhabitable and invite them to vacate whilst you do repairs?
The landlord must provide alternative accommodation for their tenant in those circumstances. That's why the OP is paying for a hotel.There has always been the presumption that a landlord will provide accommodation to a tenant/s for the term of the tenancy, that is as long as the tenant/s is both up to date with the rent, and continues to pay the rent. Although on one side landlords cannot be liable for what is known as "force majeure", or an "Act of God".
In the OP's situation, I would offer to rehouse the tenant/s as long as they settle the rent arrears up to date, or to offer to allow the tenant/s an early surrender of the tenancy.
The OP in considering the above also needs to make referral to the wording, clauses in the tenancy agreement, his building letting insurance cover, and with speaking with the insurance lost adjusters.
Good opportunity to remove a tenant in substantial rent arrears.
In the OP's situation, I would offer to rehouse the tenant/s as long as they settle the rent arrears up to date, or to offer to allow the tenant/s an early surrender of the tenancy.
The OP in considering the above also needs to make referral to the wording, clauses in the tenancy agreement, his building letting insurance cover, and with speaking with the insurance lost adjusters.
Good opportunity to remove a tenant in substantial rent arrears.
Trouble i've got is that he's got CCJ's now, so theres no way anywhere decent will have him. The house we rent to him is in a really nice area and so his only option is council, and they will put him most probably in a crap area where he doesn't want to be. So he will just drag this on now as long as he can and has no interest in listening to reason. Plus he's got Shelter and various other organisations that will give him a free lawyer to represent him and keep him in the property.
I myself, and I know of lots of other landlords that have been in a similar situation to you, header tanks in lofts can do an awful lot of damage. In my situation I went through repossession proceedings, bailiff eviction etc., but the property was completely trashed, with doors, sinks, bath, toilet and electric wiring all requiring replacing.
You need to operate a damage limitation exercise, by either offering the tenant a financial inducement to surrender his tenancy, and/or seeking advice and assistance from the following company.
https://www.landlordaction.co.uk
You need to operate a damage limitation exercise, by either offering the tenant a financial inducement to surrender his tenancy, and/or seeking advice and assistance from the following company.
https://www.landlordaction.co.uk
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