UK Landlord Forum / Life

My tenants reported a ceiling leak 3 weeks ago, I immediately reported it to the Freeholder's Management Company (a housing association) because the problem is their responsibility, a cracked water tank in the loft.  The leak is still not fixed.  The damp patch in my flat has evolved into a hole in the ceiling, falling plaster and water dripping down a light fitting.  My tenants are obviously concerned.  They want to move out, I've agreed go as soon as possible.  Should I to put them into temporary accommodation until it is safe or they find an alternative?  I have chased the housing association every day and kept my tenants updated.  The delay was partly due to the discovery of asbestos in the loft.  The water tank cannot be replaced until the asbestos has been removed (hopefully today but I won't hold my breath).  My tenants are currently brushing their teeth in the kitchen (they were told by the plumbers the water from the faulty tank supplies the bathroom and is discoloured)  and using table lamps I've loaned them because a ceiling light fitting is wet.  Of course an electrician has been, so has the insurance company, numerous plumbers, asbestos experts, etc.  They are getting about 3 visits a day from workmen but the housing association are refusing to drain the faulty tank until the new one is ready to go in because it will affect neighbouring flats, so the leak continues.  What should I do now?  My tenant's safety is my priority.  They are having trouble finding alternative accommodation because they have a dog no other landlords will accept.  Thank you kindly, Jo.

Unsafe is not the same as uninhabitable.

Your Tenants want to move out. You've agreed. They cannot find anywhere. That's surely their problem?

Do you have Landlord's Insurance?

I've never had Landlords insurance - decided I'd be best saving the premiums up instead.  The flat was in good order before the leak.  I rent it unfurnished.  Had no problems for 10 years.  Buildings insurance is included in my maintenance charges, they are going to cover the cost of repairs.  I feel reassured by your comments.  Desperately trying to find legal wording online regarding my responsibilities, can only find mentions of my obligations to repair asap etc. (which I'm adhering to), can't find anything about having a duty to put them into temporary accommodation.  I've called two Solicitors this morning, one doesn't [want to] deal with it and the other hasn't returned my call yet.  Thanks for replying.

Where is the 'pressure' or idea of alternative accommodation coming from - your Tenants or your own mind?

This is certainly a 'feature' of some Landlord insurance policies, for sure. If the property was classed as uninhabitable by someone in authority, or you all agreed that between yourselves, and they were continuing to pay you rent then you would have an obligation of getting them accommodation.

I actually opt-out of any of this in my ASTs by including a clause that says - "The Landlord is not responsible for finding or paying for alternative accommodation in case of destruction or damage that makes the Property uninhabitable." - but, of course, I have a fair opposing clause that goes along the lines of - "The Landlord will return to the Tenant(s) any Rent Payable for any period during which the Property may have been rendered uninhabitable..."

And... I always give my incoming Tenants at least 1 week to review the draft AST before I ask them to sign it, in that time they can ask any questions they need to but I've never had anyone query this - I think that's b) because it seems fair and b) it's unlikely.