Been asked to leave.

[bazak1]

Got a couple of questions on behalf of relatives.

Dont know all the info but i'll explain what i know.

They live in privately rented accomodation, and have been told that during the next couple of months, the property has got to have a lot of work done to it ie: electrical wiring, plumbing, there will be no heating etc. They have got to endure all of the upheavel while this is going on but once all of the work is complete, they have to move out, ( they have been told April ). Is this within the landlords rights, or is there ANY breach on his part of section 21.

As it is, the shower and washing machine ( both owned by the landlord ) havent worked since at least the start of january, so as this is rented furnished accomodation, could they claim back part of their rent as they are obviously not getting a full service.

 

All help will be very appreciated.

 

Baz

Edited January 27, 2010 by bazak1

[Kentish Lass]

Firstly, need to know - do they share accommodation with the Landlord (e.g. does Landlord live there too - in other words - are they lodgers?)

 

If not, assuming they live in England or Wales, are they within the term of an assured shorthold tenancy or has the tenancy rolled over to become periodic? When did the tenancy start and what was the term of the tenancy.

 

Need to know these things before being able to answer the questions.

[Aviva]

They could have a word with the Environmental Health dept at the Council to find out what works can be done in occupation and when it's appropriate for the landlord to arrange alternative accommodation.

 

To add to questions: Have they been told exactly what work will be carried out? Have they been told that they won't have electricity or water for certain periods of time as well as heating? If so, what were they told?

[Kentish Lass]

My point would be that they do not have to accept these works being carried out - it is a major breach of their quiet enjoyment of the property. And since they are being evicted afterwards, why should they be co-operative!! Landlord can do his works after the end of their tenancy when the property is empty.

 

This sounds like a very greedy landlord to me.

[Aviva]

Surely it's important to know what works need to be carried out and why. I agree if it's just to upgrade the property so the landlord can charge more rent or have a better chance of selling it then the landlord is being very cheeky and greedy. However, perhaps some of these works need to be done on health and safety grounds.

[danielr]

just refuse the contractors access. the landlord has not right to demand access at all.

[NewSAHD]

Surely it's important to know what works need to be carried out and why.

perhaps some of these works need to be done on health and safety grounds.

 

Agreed, save that bazak1 stated:

 

"They have got to endure all of the upheavel while this is going on but once all of the work is complete, they have to move out, ( they have been told April )."

So, the landlord expects them to pay rent during the period of upheaval, yet they then have to move out in April? Sounds an odd situation, where is the landlord intending that they move / be "re-housed"?

 

bazak1, in addition to the earlier questions put to you, please can you also ask your relatives

 

- Have they received any formal notification of their having to move out?

- If so, what Notices / letters have they actually received and from whom?

 

As for the shower and washing machine, what have they been told by their landlord - has the landlord been advised and if so when? Has the landlord refused / stalled on repair / replacement?

 

Whilst best, perhaps, that first deal with the imminent 'landlord-planned upheavel' it seems sensible to also ask your relatives the following - subject, in part, to the other information you can supply:

 

- Did your relatives pay a deposit when they moved in?

- If so, is it protected?

(Look on CAG stickies for reference to Tenancy Deposit Schemes and disputes, there are others here with more up to date knowledge than me of what is currently required with regards the protection of a tenant's deposit)

 

- Do your relatives have a gas supply, a gas boiler, say, or a gas cooker?

- If so, do they have a current Gas Safety Certificate?

 

- You say the letting was "furnished", were any ''white goods" (fridges and so on) supplied?

- If so, have the appliances been PAT* tested? Anything with a plug needs checking by the landlord / their Agent at periodic intervals too.

 

(*Edit - PAT = Portable Appliance Test - easy to check, without having to ask, as anything with a plug should have a little label added to it giving a date of the test - often the label is barcoded too by the electrician who has done the test)

Edited January 30, 2010 by NewSAHD

[NewSAHD]

removed

[bazak1]

Thanks for your replies. Sorry i havent been able to get back to you earlier but due to work etc i havent had time. I havent been able to actually pass on your comments regarding my questions, but i will as soon as possible and then as soon as i get any comments i will post them on here.

 

Thanks,

 

Baz