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Tenant flooding house repeatedly, now housing standards case??

Started by Silmaril, September 16, 2019, 08:44:33 PM

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Silmaril

Hi,

Tenant with disabilities has flooded the house and caused damage to (chipboard) floor. We've repaired affected areas only for it to repeat.

Now housing standards are involved and stating it's not her responsibility to enact repairs, though the tenancy agreement and various sources online indicate it is?

I appreciate it's a safety issue and so happy to go back and rectify but concerned this could be never ending? To limit risk were replacing affected area with pine boards.

Thanks
Sil

heavykarma

You don't mention if she is the actual tenant,or covered by a HA or charity.Did she report you to the council? It may be that she is not capable of living alone,and needs to find suitable accommodation.It is certainly my understanding that she would be liable to pay if this was her negligence.I think I would get the matter sorted to close the complaint,then issue S21 at the earliest opportunity.I would be worried about other accidents that you could be held liable for.

Silmaril

She's entirely a private tenant, but rather than reporting damage to us she has done so to the council. She's been in several private let's that were inappropriate that the council have arranged for her, so she's used to taking this route!

Housing standards have, in between the lines, suggested we exercise caution evicting under s21 because they will refer to their legal team due to her disability and check into potential discrimination! We had all the paperwork there to go ahead and ended up scared to issue when HS and an occupational health adviser

We're considering S8G6 because the walls are built atop of chipboard flooring which is now compromised and the kitchen and bathroom will need to be ripped out to enact repairs, it may be necessary to remove the walls to prevent them dropping over time.

I'm struggling to find info on when an S8G6 has been approved through the courts and what constitutes sufficient major works though?

I've reached out to a solicitor, we are indeed very worried about the risk - mostly the bath could fall through the floor, we could put our finger through the sodden chipboard it's that bad. The way the bath was fitted means it's on a very solid frame and support structure above joists but continued damage can still compromise that.

HS have said we must take action of they will issue an improvement order. Costs I think can be reclaimed, though we may struggle - her money is all in trust, she has no income other than that which is approved by the trust.


El Porto

S21 is an no fault eviction, meaning you do not have to give rhyme or reason for issuing it.

If you wanted to explain to the housing standards (and thats an IF entirely at your discretion), you can say anything you want to explain it. Maybe you want to move back in? Maybe you want to sell? Maybe your neices friends aunty wants to move in and is willing to pay double to current rate - are you to be expected to accept less money as a private landlord because a lady, who is not a responsibility of yours, has a disability?

I would be more bullish.

heavykarma

I agree with El Porto.You mention several other previous landlords who have managed to get her out.The local council will obviously not give you advice that works in your own best interests.Go ahead with 21.

KTC

Go with a s21, and do it BEFORE they issue an improvement order especially if she (or someone legally on her behalf if she is incapable of doing so herself) haven't yet "made a complaint in writing to the landlord regarding the condition of the dwelling-house". In any case, be prepared to argue that "the condition of the dwelling-house or common parts that gave rise to the service of the relevant notice is due to a breach by the tenant of— (a) the duty to use the dwelling-house in a tenant-like manner".