Tenancy Problems re: builders

[Angry Cat]

My daughter has just renewed her tenancy on her studio flat

There were some problems about damp, the letting agent arranged with the landlord to have this damp work carried out in September.
Apparently, the work would take two weeks to complete and that one months free rent would be given in order to compensate for the inconvenience for not being able to live in the studio flat whilst the work is being carried out.

This months rent has been paid and the next months rent is due on 23 September 2011.

The builders want to commence work this Friday 09/09/2011. But it now appears that the work may take longer than the two weeks first quoted.

What is the position re: next months rent?
As, if my daughter cannot reside at the property whilst the building work, it does not seem fair that she should have to pay rent on a property that she will not be able to live in.

She was going to set up a standing order but is now cautious about doing this for obvious reasons.

I am not up to scratch on the housing act, therefore any advice would be appreciated.

Thanks

[enaid]

Re: Tenancy Problems re: builders

First off I wouldn't advise not paying the rent when it's due.
I would get all that has been said in writing re any compensation of any kind
If it were council property they would have to find suitable accommodation while the work is carried out, this is called decanting.
Maybe worth a read of the lease see if anything comes under that heading.

[Angry Cat]

Re: Tenancy Problems re: builders

First off I wouldn't advise not paying the rent when it's due.
I would get all that has been said in writing re any compensation of any kind
If it were council property they would have to find suitable accommodation while the work is carried out, this is called decanting.
Maybe worth a read of the lease see if anything comes under that heading.

It is not a council property.
Private landlord but managed by a letting agent.

My daughter has agreed to the two weeks work and will move back home whilst it is carried out.
But if the work exceeds two weeks, she cannot be expected to pay for the rental if she cannot live in it.

Trying to compile a file.

[enaid]

Re: Tenancy Problems re: builders

No I know it's not council but I said 'if it were' that's what would happen.
I am sure there should be some mention in the agreement as to what should happen in this situation.
I would ring the letting agency and ask them they should know all the ins and outs of the agreement.

[Caspar]

Re: Tenancy Problems re: builders

What sort of tenancy is it - Assured Shorthold, Assured or Regulated?

[Angry Cat]

Re: Tenancy Problems re: builders

Thanks enaid and Caspar.

The tenancy started in January 2011, a six month assured shothold tenancy, with a deposit of approx. £800ish.

The tenancy ended in July 2011 but was extended until August 2011 as one months rent was given as compensation re: the two weeks building work for the damp problem; fair enough.

My daughter, then renewed the tenancy and paid the renewal fee to the letting agent of £60.00 plus one months rental in advance.
Thus the tenancy is now on a statutory rolling tenancy until February 2011.

The worry is, will the building work extend beyond the vaguely quoted two week period.
And how is she supposed to set up a standing order for a flat that she may not be able to live in?

[Caspar]

Re: Tenancy Problems re: builders

This may help, but having read it may not:

Tenancies, deposits and rent : Directgov - Home and community

I've read for about an hour around the subject Googling the issue, but everything I have read seems to be directed at serious problems where one or other of the parties is in serious breach of the contract.

In this situation where it would appear both want things sorted amicably, whilst obviously protecting your daughter, it would seem the best way is to express her worries to the landlord and get an assurance in writing about what happens if the repairs do take longer than the agreed two week period.

I would have thought it reasonable for the landlord to have to commit to either providing other accommodation of a similar quality, pay for your daughter to stay in a hotel or similar while any works outside the two week period are complete. Clearly your daughter needs security, yet equally it is in her own interests for the building work to be completed.

I may then also take the step of suggesting to the landlord that a clause is written into the agreement with the builders which states they pay the landlord what it costs him to pay for -eg- hotel accommodation for your daughter if they over-run on the time limit specified.

As far as I can see the law does not seem to allow for sensible, amicable settlements, but only for major disputes which is hardly going to create a good landlord / tenant relationship.

[enaid]

Re: Tenancy Problems re: builders

Disruption

If repair work to the property causes serious disruption to the tenant then they may be able to claim a reduction in the rent for that period of time, known as rent abatement. This is claimed after the repair work has been completed. The rent reduction depends on how much of the property the tenant was unable to have access to whilst the repair work was being carried out.

Alternative Accommodation

If repair work to the property is extensive then the tenant may be asked to move to alternative accommodation. If a tenant refuses to leave the property for repair work to take place, then the landlord can only ensure they leave the accommodation by evicting them, or seeking a court order.

However, if the tenancy has not ended, then it may be possible for the tenant to claim back the alternative accommodation costs from the landlord.


Going off this a months free rent seems fair to me, I still think you should get it in writing and agree for some extra compensation if the job takes longer than the 2 weeks stated.
Also make sure if your daughters belongings are in the flat that any damage done while the works been carried out be compensated for, unless she has been advised to remove it.
Redecoration is also something that should be mentioned depending on who is responsible for that.

[Angry Cat]

Re: Tenancy Problems re: builders

Going off this a months free rent seems fair to me, I still think you should get it in writing and agree for some extra compensation if the job takes longer than the 2 weeks stated.
Also make sure if your daughters belongings are in the flat that any damage done while the works been carried out be compensated for, unless she has been advised to remove it.
Redecoration is also something that should be mentioned depending on who is responsible for that.

Absolutely, the one months free rent was fair.

But now it appears the letting agent is incompetant.

My daughter has not received the letter that was purportedly sent by the agent. She asked for everything to be put in writing.

Now they claim to have sent an email but no email has arrived and I have just checked for myself: new, old and spam; nothing.

The builders are supposed to be starting tomorrow but daughter has said no.
Not until agent confirms exactly what the position is re: how long the work will take;
what happens to her possessions and;
will the flat be cleaned etc after the work.

We are still trying to obtain the exact position form the letting agent as the property is managed by them.

[enaid]

Re: Tenancy Problems re: builders

Sad but true anyone can become a letting agent and many are done through franchises.
I feel sorry for the landlord and your daughter because this could easily cause friction through no fault of their own.
I would definately get it all in writing now as you don't really know if the landlord has agreed to anything or if its the agent trying to keep both parties happy.

[Angry Cat]

Re: Tenancy Problems re: builders

Sad but true anyone can become a letting agent and many are done through franchises.
I feel sorry for the landlord and your daughter because this could easily cause friction through no fault of their own.
I would definately get it all in writing now as you don't really know if the landlord has agreed to anything or if its the agent trying to keep both parties happy.

After spending much time on the phone today with the letting agent, it would appear that we have been able to reach a hopeful resolution.

Clearly, the letting agent had cocked up as they had been sending their emails through to my daughter but were not received by her: mailer demon.
I, requested that they forward the email and a copy of the purported letter to my email address. Of course, they came through immediately, showing clear proof that the letting agent had been sending their messages to an incorrect email addy.

In short, my daughter has agreed to vacate the property tomorrow for two weeks whilst works are carried out re: the damp; re-plastering etc.

The letting agent has stated:
"I am happy to discuss with the landlord a further reduction in rent if the works go over two weeks for you as I am aware how much you have suffered with this damp throughout your tenancy."

Hopefully all will go smoothly and this story may sound a bit like a storm in a tea cup. But people get very stressed about their homes...

My daughter, will set up her standing order for next months rent, hoping that all will be as it should be and that she will be able to move back in to her studio flat as it was, prior to the works.

I think that we all shiver at the thought of builders carrying out works ones home...

[enaid]

Re: Tenancy Problems re: builders

Pleased you got it sorted.
Enaid x

[Caspar]

Re: Tenancy Problems re: builders

Good result. I'm always very suspicious and you know the situation, but are you happy with, "I am happy to discuss......" rather than actually having a written agreement as to what would happen if things go over two weeks?

If you're happy, great. Just trying to play extra safe for you!