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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My mother is a council tenant in Wales and her boiler has been

Resolved Question:

My mother is a council tenant in Wales and her boiler has been condemned and the heating and hot water has been turned off by the council. She has been told that it is her responsibility to remove and then replace the laminate flooring in three bedrooms as it needs to be taken up for access to the flooring to re-route pipework. Is this the case?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this

Alex Watts :

Who installed the flooring please?

Customer:

Hi Alex - my mum installed it

Customer:

I should add due to the poor quality of the flooring underneath, carpets were not suitable

Alex Watts :

Ok - did the Landlord give permission?

Customer:

It's a council property and no permission was sought

Alex Watts :

Did the tenancy allow you to replace the flooring without permission?

Customer:

Hi Alex - my mum is checking now but she's been in the house for 48 years and honestly can't

Customer:

remember having an agreement, other than an old fashioned rental book that used to be signed when she paid the rent but I will come back to you

Alex Watts :

Ok - you need to check

Alex Watts :

If the agreements says permission is needed and it was not, then the TENANT is responsible

Alex Watts :

If the agreement is silent or the Landlord gave permission then the LANDLORD Is responsible

Alex Watts :

But it all depends on the agreement.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi Alex - my mother does not have a formal tenancy agreement with the Council, she had a council book 48 years ago which gives just very basic tenant instructions. The most up to date council tenancy agreement which my mother has never has had, and I have just found online states:

Alterations

You will first obtain the written consent of the council, which

will not be unreasonably withheld, before you:

12.1 decorate the outside of the property or artex internal walls or

ceilings; or

12.2 make any structural alterations or add or alter any fixture or

fitting inside the property or make any external alterations or

improvements, for example the erection of a garage, garden

shed or greenhouse, or the construction of a parking space;

Alex Watts :

Ok - but that does not really say anything about coverings.

Alex Watts :

I think the tactic here would be to say to the Council that THEY are responsible unless they can prove she has breached her tenancy agreement

Alex Watts :

Does that help?

Customer:

It does indeed - thank you Alex.

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