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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice
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My son and daughter in law have an Assured short hold Tenancy

Customer Question

My son and daughter in law have an Assured short hold Tenancy Agreement in Peterborough with a private landlord but let through letting agents. They have been in the house for two years and have signed for a further 6 months until the end of the year, by which time they are moving to another area. The agents have informed them that the house needs re wiring and have given them several dates which they have refused due to the inconvenience and have asked if it can wait until they have moved out. They have not been advised that the electrics are unsafe. They have two small children. They have been told it will take at least two weeks to complete the work. Nothing has been put in writing and the agents have called my son several times when he is at work, causing a nuisance.
What are their rights as tenants, can they refuse admission to the house if not informed in writing and can they request alternative accommodation given it will take so long.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am sorry but their position is not the best.
I realise this work is annoying but it is clearly important both for their safety and legal compliance. In fairness, it is a lot better than having a landlord who doesn't do maintenance of this nature.
I am very sorry but the landlord is entitled to get access to do this type of work. He does have to notify although it doesn't have to be in writing. It does have to be by received means. They can negotiate with him over convenient dates but he is only under a duty to offer three different dates before he can gain access whether convenient or not.
For this type of work they do not have a claim for a reduction in rent I'm afraid. If this were their own property they would have to do this type of work and the inconvenience would be managed.
A tenant never has a right to demand alternative accommodation. What they can do is demand a reduction in rent while they live elsewhere at their cost. Sometimes a reduction of 100% is available but not for a circumstance like this. You have to show that your property is literally flooded or gutted by fire damage to get home on that point I'm afraid.
That said, they could ask for something in compensation. Anybody can ask for anything and sometimes it achieves more than suing would.
I'm very sorry but this is for their safety.
Can I clarify anything for you?