Evacuation of Tenant

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  • nukecad
    replied
    Originally posted by berrahri View Post
    deducting the alt accommodation cost.
    Just to note that you should only deduct their usual rent for the period they were in the alternative accommodation, even if it cost you more than that. (If it cost you less then you win a bit).

    ie. They should only pay their normal rent, you or your insurance should cover any extra. (That's why you should have insurance, to cover out of the ordinary costs).

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  • berrahri
    replied
    Thank you for your response, we have already settled the Deposit and I will now propose as you suggest with the rent return, deducting the alt accommodation cost. Hopefully they will accept and we can move on.

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  • Jon66
    replied
    It's a civil matter. If your tenants were unable to remain in the property the usual position, unless the TA says you will provide alternative accommodation, is that the contract is frustrated and void from that point. The right thing to do is to refund the monies either from the date at which they left the property, or date they left the alternative accommodation you provided. Their deposit should be treated in the usual way as much as it can be. Because the contract was void from that point any notice period is probably a nonsense.

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  • berrahri
    replied
    Now that I have provided more background to the situation, can anyone offer some direct advice to my original question? e.g. I want to know if I am legally obliged to return any of the rent from the day of evacuation to the official end of Tenancy.

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  • Berlingogirl
    replied
    Originally posted by nukecad View Post
    I doubt it, the residents there were only out of their properties until early the following morning.
    Unless further structural concerns were found later?

    https://www.nottinghampost.com/news/...dslide-4961975
    That's what I read too. I can't see any other landslides in this country that were bad enough to make the news.

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  • berrahri
    replied
    Originally posted by jpkeates View Post
    You could simply have accepted an offer to surrender the tenancy.

    Most tenancy agreements contain clauses to cover property being destroyed or made unavailable.
    Neither the T or I really did know what to do, we had never anticipated this happening. I had to take the lead and it seemed the quickest way to end the Tenancy under our Agreement.
    Its an OpenRent AST, but they wouldn't advise because it is not covered.

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  • theartfullodger
    replied
    What does the tenancy agreement say about property becoming inhabitable? Can't read it from here

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  • berrahri
    replied
    nukecad,

    Access to the property is difficult because the staircase was damaged, the council building inspector has NOT deemed the property unsafe. The T returned and got their possessions when they moved in next door but they didn't turn the services off and they left the windows open. The meters are easily accessed because they are outside the property away from the slip, I had to ask a friend to travel 15 miles to come and read them and secure the property. I was shielding so could not travel.
    There isn't a clause in the TA about providing alternative accommodation or anything else to cover this situation.
    I wish it was coursework!

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  • jpkeates
    replied
    Originally posted by berrahri View Post
    I thought them serving notice on me would be the quickest way to bring the TA to a close.
    You could simply have accepted an offer to surrender the tenancy.

    Most tenancy agreements contain clauses to cover property being destroyed or made unavailable.

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  • berrahri
    replied
    Originally posted by Hudson01 View Post
    Well as part of my landlords insurance i have alternative accommodation cover......... this will house the tenant should this exact thing happen, do you have such insurance ? Also why would the tenant have insurance for your property to be uninhabitable ? To be honest you are lucky they have served notice to you, where are they staying now ??
    Initially they stayed in a hotel for a few days until I managed to put them up in a neighbours house which was empty, they have subsequently moved away. My insurers do not cover my Tenants alternative accommodation.
    I thought them serving notice on me would be the quickest way to bring the TA to a close.

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  • nukecad
    replied
    Originally posted by Berlingogirl View Post
    Is this the one in Sneinton in February 2021?
    I doubt it, the residents there were only out of their properties until early the following morning.
    Unless further structural concerns were found later?

    https://www.nottinghampost.com/news/...dslide-4961975
    "They needed assistance with somewhere to stay overnight. They returned to their homes at around 6am having spent time with their neighbours.

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  • jpkeates
    replied
    Sounds like an essay to me.

    The notice periods are wrong and the idea that covid prevented the landlord from visiting is also incorrect.

    If people want to ask academic questions, some of us are happy to answer, but they need to be labelled as such.
    If this was a real situation, the appalling behviour of the landlord would preclude a lot of people answering.

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  • Berlingogirl
    replied
    Is this the one in Sneinton in February 2021?

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  • nukecad
    replied
    Is this someones homework? It seems the sort of situation question that would come up in coursework.

    They didn't "effectively abandon" the property - they were evacuated in an emergency because it was dangerous to life to stay there.

    "They cannot return because access to the property is not safe."
    So why do you seem to think that you are being reasonable to ask them to go into what is a dangerous property simply to read meters, etc.?
    I'd assume they as the property is not safe then they haven't even been able to go back for their clothing/belongings left there when they had to get out in a hurry.

    "bearing in mind covid meant I could not visit the property in person."
    Nothing whatsoever to do with covid, you could have gone to your property if you needed to do so.
    However you probably wouldn't be allowed near - because it's now in a dangerous position/state.

    They still have a tenancy agreement with you and you have to find them alternative accommodation to fulfill your responsibilities under that agreement.
    (Which is why landlords insurance covers such a situation with alternative accommodation).

    Your 'advice' to them to give notice in the circumstances is simply a self-serving attempt to abrogate your legal responsibilities.
    Depending on just how you gave that 'advice', and how strongly, it could even be considered unlawful.
    It was certainly very underhanded, and yes suspicious.
    PS. Under covid a landlord has to give six months notice not two months, so you also got that advice wrong.

    They didn't have to give you notice at all; when your property became unsafe you had an obligation to rehouse them under the terms of the tenancy.

    (With self-serving 'advice' like that I'd also be treating you as an enemy, I certainly wouldn't trust anything else that you 'advised'. It's also noticable that not once in your post do you seem at all sympathetic to what must be a dire situation for your tenants, only interested in what you yourself want. That's one reason why I think this is a coursework question).

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  • Hudson01
    replied
    Well as part of my landlords insurance i have alternative accommodation cover......... this will house the tenant should this exact thing happen, do you have such insurance ? Also why would the tenant have insurance for your property to be uninhabitable ? To be honest you are lucky they have served notice to you, where are they staying now ??

    Leave a comment:

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