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Remus2004
Remus2004, Barrister
Category: Property Law
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Experience:  Over 5 years in practice.
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My landlord has sent an email to me and my housemates informing

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My landlord has sent an email to me and my housemates informing us we have to vacate our flat and have invoked a one month written notice. The reason is a flood from a neighbouring flat has meant there is under floor damage which requires repair.
There is one line in the assured short hold tenancy agreement which states "The Landlord gives the Tenant not less than 1 month's written notice that he or she intends to take back the property".
The tenancy agreement started on 10th Jan 2015 for 12 months.
Obviously moving is going to cause expense and upheaval to me. What position am I in legally? Should the landlord re-imburse my moving expense (I assume they are paying for this via insurance so could we claim on this?) Also, am I at liberty to ask for a copy of the builders survey on the damage?
There is a precedent with previous tenants set when there was a prior flood, at this point the landlords insurance company found and paid for alternative accommodation whilst the damage was repaired. I'm not sure why this isn't an option this time?
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
It is only not an option because they choose not to offer it. They weren't under an obligation to do that last time.
If this is an AST then it is quite difficult to get a tenant out during the term. He can do that if the property is literally uninhabitable although he could not charge rent while the work is being done.
If it just that he needs to do repairs that will encroach but not mean that you cannot live there then he doesn't need to evict you at all.
In terms of transportation costs, that is always a moot point. A landlord can argue that you would have had to move at some point anyway and so is not really a proper loss although often they don't do that.
Underfloor damage does sound as though it is a legitimate repair that cannot be done while you are in the property.
You can always ask them to consider compensation. Often that achieves far more than going to court would.
However, he has a duty to deal with disrepair promptly and the law will enforce it if necessary.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thanks for your reply.
The flooring and wall replacement as I understand is localised to the kitchen, although the actual extent has not been fully explained. Am I at legally allowed to request a statement of works that need to be carried out and timescales of these works or request a 2nd opinion?
I understand some work needs to be carried out, but if it was that urgent why am I been given a month?
Obviously going to court would be the last option, but would I have a case?
Expert:  Remus2004 replied 1 year ago.
No, there is no right to demand it at this stage but it is a reasonable request.
Ultimately you could always refuse to leave and then he would have to seek a court order of possession where he would have to produce this anyway.
I think it probably isn't urgent but it something that needs to be resolved before it gets worse which is reasonable.
Customer: replied 1 year ago.
Ok, final question. I received no notice of my deposit being put in a deposit protection scheme by the landlord, is this legal?
Expert:  Remus2004 replied 1 year ago.
No, he should have given you details of the scheme but if he hasn't done that then it won't attract compensation unless, of course, he hasn't protected it which will.
It is probably worth using that as a bargaining chip.
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