Tenanted premises uninhabitable (fire); L to pay T's costs?

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  • Tenanted premises uninhabitable (fire); L to pay T's costs?

    We had a fire in our flat and had to move out as it was unsafe.The fire was caused by an electric hot water emerssion tank.Is the landlord responsible for temporary accomodation and paying for it until we move back in.He has told us to cancel our standing order which will break our contract meaning he does not want us back.We have been there twelve years.

  • #2
    Section 11 of LTA 1985 makes L responsible for heating systems. What caused the tank to catch fire- L's actions/omissions or T's?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      Originally posted by westbourne33 View Post
      Is the landlord responsible for temporary accomodation and paying for it until we move back in.
      What does it say in your tenancy agreement?

      Are you within the fixed term of an AST or is the tenancy periodic?

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      • #4
        Sorry to hear your story: It must have been very upsetting.

        When were the electrics for the immersion heater last checked?? The landlord should have made sure the electrics were safe. Were there any other problems (before the fire) with the property?

        I suggest you keep paying until you have been advised of your rights, and write the the Landlord that you are remaining tenants until further notice, and note what happenned and what expense this has caused you.. Don't agree to give up the tenancy if you think you might want it back...

        Had the Landlord being trying to get you out??

        When did the Landlord say he would be fixing the flat?

        Might be worth talking to the local council - Environmemtal Health department - and see what they advise.

        Hope it gets sorted...


        Cheers!

        Lodger
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        • #5
          L may have insurance that provides 'loss of rent if premises uninhabitable' cover.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment

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