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Renting woes

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    Renting woes

    Nightmare situation. Any advice(For that I will take abuse too) from you lot who are landlords

    About 3 weeks ago 1/4 of the ceiling in our living room came down. After a week of the agent (F$%^&&) telling us as far as they where concerned it was safe, contractors came in declared it unsafe and pulled the whole ceiling down in the living room.

    Initially the managment company, insisted that the accommodation was habitable and only after a week of fighting with them and the management company we managed to get the managment companies insurer to agree in writing to cover our accomodation costs before and during the repairs.

    We are now living in short term accommodation arranged by us and complicated by the fact that we have a dog and live in London where short term pet friendly accomodation is not an easy thing to find.

    The insurance companies original definition of habitable was a bedroom, bathroom and kitchen which is why they ininitially refused to pay for alternative accommodation.

    Apart from the fact that there is plaster dust everywhere now, all our belongings are now stacked in the bedroom and kitchen while there is no ceiling in the living room, which incidently comprises about 2/3 of the property.

    The landlord has only been communicating through the agency which have not helped us in the slightest during this whole time, and we are now in a tiny studio flat awaiting the repairs to the ceiling.

    Even though the costs of our alternative accomodation have been covered, we are certainly not getting what we paid for and all of this has been a massive inconvienience with little or no support from any other involved parties.

    Now there is some issue with the insurance(I understand the freeholder (MGT companies) insurnace is paying) and the whole process seems to be stuck waiting for permission from the insurance company to commence repairs.

    We have a clause in our lease stating that if the property remains "uninhabitable" for a month, either party can terminate the contract.

    My question after my sad story is, since we are staying in alternative accomodation paid for by insurance, does this imply that the accommodation is not habitable until the repairs are made?
    There are no evil thoughts except one: the refusal to think

    #2
    Does the tenancy agreement define habitable?

    I know it's not much help, but I'd tend to agree with the insurance companies definition.
    "I hope Celtic realise that, if their team is good enough, they will win. If they're not good enough, they'll not win - and they can't look at anybody else, whether it is referees or any other influence." - Walter Smith

    On them! On them! They fail!

    Comment


      #3
      Habitable

      No, habitable is not defined in the lease.

      My point is that does the fact that they are paying for alternative accommodation imply that its not "habitable"
      There are no evil thoughts except one: the refusal to think

      Comment


        #4
        Difficult one, perhaps see a lawyer. In my view you have every right to move out without notice; after all you rented a flat with a living room, and now it hasn't got one, but I'm sure the landlord would fight it.
        I'm alright Jack

        Comment


          #5
          Originally posted by BlasterBates View Post
          see a lawyer.

          WHS. A letter before action soon focuses the mind.

          Comment


            #6
            You should never have rented off someone called Wilmslow.
            Bored.

            Comment


              #7
              Moi

              ZG - I am not a troll

              BB- We have sought legal advice and the problem is if I walk I lose a wack as we paid 6 months upfront. We also have an 18 month contract.

              All this would have been fine as we wanted stability for this time period and a nice palce to live.

              So If I walk I am liable for an 18 month contract and I lose my deposit and 4 months rent IE Baaaad shufting.

              I have sought legal advice and the whole case seems to hinge around the habitablity aspect.

              Meanwhile we are stuffed into a small studio(Only place I could find which does short lets and takes dogs in the area).

              We are getting badly shufted, but if the place is "uninhabitable" for a month we should have gorunds to terminate the contract legally, hence my question
              There are no evil thoughts except one: the refusal to think

              Comment


                #8
                Originally posted by sunnysan View Post
                ZG - I am not a troll
                I think he meant to quote that 'Likely' twunt.

                Comment


                  #9
                  Originally posted by sunnysan View Post
                  ZG - I am not a troll

                  BB- We have sought legal advice and the problem is if I walk I lose a wack as we paid 6 months upfront. We also have an 18 month contract.

                  All this would have been fine as we wanted stability for this time period and a nice palce to live.

                  So If I walk I am liable for an 18 month contract and I lose my deposit and 4 months rent IE Baaaad shufting.

                  I have sought legal advice and the whole case seems to hinge around the habitablity aspect.

                  Meanwhile we are stuffed into a small studio(Only place I could find which does short lets and takes dogs in the area).

                  We are getting badly shufted, but if the place is "uninhabitable" for a month we should have gorunds to terminate the contract legally, hence my question

                  Best advice I can give mate is sit down with a lawyer.
                  "I hope Celtic realise that, if their team is good enough, they will win. If they're not good enough, they'll not win - and they can't look at anybody else, whether it is referees or any other influence." - Walter Smith

                  On them! On them! They fail!

                  Comment


                    #10
                    Originally posted by Incognito View Post
                    Best advice I can give mate is sit down with a lawyer.
                    At £500/hr it's worth every penny.

                    Comment

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