Compensation when temporarily kicked out of apartment for repairs
April 2, 2012 2:38 AM
I've been told I will have to leave my apartment for a week while emergency repairs are conducted. I'm in the UK. What are my rights, and what compensation am I entitled to?
The repairs are to the staircase which provides the only access to the unit. I agree they are in need of repair. The owner had them inspected recently and was told to fix them ASAP -- actually to have them ripped down and new stairs put in -- and she is talking about having this done in the next two weeks, and that it would take "about" five days, or maybe a week, during which we would have to leave. There has not been formal notice of the repair but I expect this to come in the next few days once she gets a contractor lined up.
Complicating matters, my flatmates and I (five of us) sublet from a guy, "M", who is the actual tenant, but does not live in the unit. M and the owner have been in contact, but upon hearing the rumours I've contacted the owner directly, and now have lines of communication open with all parties. (Everyone knows about everyone and the situation is fully legal.)
I expect at minimum that we are not required to pay rent during the time the unit is uninhabitable. But are we entitled to further compensation, like for a hotel room? Can we negotiate this? What's a reasonable amount to ask for? What if I sleep on a friend's couch and don't actually need a hotel room -- am I still entitled to the cost of one, or perhaps something for the inconvenience? Do we have any recourse if we are offered nothing? I get the feeling all parties are approaching this in a state of cautious good faith but are not likely to let go of any cash unless we firmly assert our rights.
I haven't found a clear answer to this online. Also, I'm not really clear how the responsibilities work with subtenants.
The repairs are to the staircase which provides the only access to the unit. I agree they are in need of repair. The owner had them inspected recently and was told to fix them ASAP -- actually to have them ripped down and new stairs put in -- and she is talking about having this done in the next two weeks, and that it would take "about" five days, or maybe a week, during which we would have to leave. There has not been formal notice of the repair but I expect this to come in the next few days once she gets a contractor lined up.
Complicating matters, my flatmates and I (five of us) sublet from a guy, "M", who is the actual tenant, but does not live in the unit. M and the owner have been in contact, but upon hearing the rumours I've contacted the owner directly, and now have lines of communication open with all parties. (Everyone knows about everyone and the situation is fully legal.)
I expect at minimum that we are not required to pay rent during the time the unit is uninhabitable. But are we entitled to further compensation, like for a hotel room? Can we negotiate this? What's a reasonable amount to ask for? What if I sleep on a friend's couch and don't actually need a hotel room -- am I still entitled to the cost of one, or perhaps something for the inconvenience? Do we have any recourse if we are offered nothing? I get the feeling all parties are approaching this in a state of cautious good faith but are not likely to let go of any cash unless we firmly assert our rights.
I haven't found a clear answer to this online. Also, I'm not really clear how the responsibilities work with subtenants.
IANAL, see Citizen's Advice Bureau for your basic rights. I would imagine that your landlord could not justifiably charge you rent for any period in which you were denied access but the fine print in your tenancy agreement may say different (then you would have to get legal advice). I would think that if the landlord knows about you, and approves, then you have tenancy rights.
A general principle of UK law is that you can't profit from these incidents and that (but IANAL) damages are awarded only to the extent that damage has occurred. So if you have to take a hotel room, then I would notify the landlord that you will send receipts and dock the cost from future rent payments, ditto any reasonable extra travel incurred. All expenses have to be reasonable, so no 5* hotels and there is no requirement for the landlord to pay subsistence, however consequential costs (contribution to the cost of eating out and that due to food spoilage) should be reimbursable.
So, in brief, your landlord should reimburse you for any actual, (unavoidable, reasonable), losses caused as a direct consequence of this repair work. Offer to take this by reducing rent payments.
posted by epo at 3:32 AM on April 2, 2012
A general principle of UK law is that you can't profit from these incidents and that (but IANAL) damages are awarded only to the extent that damage has occurred. So if you have to take a hotel room, then I would notify the landlord that you will send receipts and dock the cost from future rent payments, ditto any reasonable extra travel incurred. All expenses have to be reasonable, so no 5* hotels and there is no requirement for the landlord to pay subsistence, however consequential costs (contribution to the cost of eating out and that due to food spoilage) should be reimbursable.
So, in brief, your landlord should reimburse you for any actual, (unavoidable, reasonable), losses caused as a direct consequence of this repair work. Offer to take this by reducing rent payments.
posted by epo at 3:32 AM on April 2, 2012
That should be "compensation is awarded only to the extent".
posted by epo at 3:34 AM on April 2, 2012
posted by epo at 3:34 AM on April 2, 2012
This document from communities.gov.uk suggests you should be careful: by quitting the property, you're effectively giving up your tenancy unless you have an explicit agreement between you and the landlord that spells out that you get to return.
A tenant can also agree to leave his or her home temporarily while work is carried out, but if he or she does so he or she should make sure that the agreement between him or her and the landlord sets out clearly the basis on which he or she is leaving the property and his or her right to return. It should also include details of the alternative accommodation provided. If you are asked to move out of your accommodation temporarily, get advice from a Citizens Advice Bureau or a solicitor.posted by pharm at 9:41 AM on April 2, 2012
I cannot speak for UK law at all, but when I've been kicked out of my apartment due to flood repairs, they just didn't charge me rent for the days I was out. I stayed with a friend the first time and had renter's insurance paying for a cheap hotel room and food reimbursement for the second time. But when I had a roommate, she had to pay for a hotel room (she had pets, so staying at someone's house was not doable) and the apartment complex was supposed to reimburse her for the hotel room in lieu of rent. Whether or not they actually did this, I don't know.
The easiest method of taking care of this is paying reduced rent, but you'll need to talk to the management about what they are willing to do. I don't know how well you're going to be able to get them to pay for hotel rooms for 5(!) people, though. I wouldn't count on that. I also wouldn't count on repairs getting done in exactly five days. Expect and plan for it to be longer.
posted by jenfullmoon at 1:59 PM on April 2, 2012
The easiest method of taking care of this is paying reduced rent, but you'll need to talk to the management about what they are willing to do. I don't know how well you're going to be able to get them to pay for hotel rooms for 5(!) people, though. I wouldn't count on that. I also wouldn't count on repairs getting done in exactly five days. Expect and plan for it to be longer.
posted by jenfullmoon at 1:59 PM on April 2, 2012
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By the sounds of it, if you're dealing with the landlord directly (not just through "M"), and there's been no complaint about subletting from the landlord, then your subtenancy has been allowed. That would mean tenants' rights are effectively extended to you. (see here)
posted by TheAlarminglySwollenFinger at 3:11 AM on April 2, 2012