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Flat Flooded


the_duke_of_hazzard
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A friend of mine had his 2-bed flat completely flooded.

He and his flatmate have been moved to a 1-bed flat while it's sorted out.

What are his rights re reduced payment etc.? I looked on landlordzone but couldn't see any details.

So they were both moved to a 1-bed flat? I'd have though they'd need to be moved so they both have a bedroom. They would have been better off simply moving to a hotel and then charging the LL for any costs above the normal rent. Obviosuly LLs insurance should pay for any damaged posessions.

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A friend of mine had his 2-bed flat completely flooded.

He and his flatmate have been moved to a 1-bed flat while it's sorted out.

What are his rights re reduced payment etc.? I looked on landlordzone but couldn't see any details.

In the event that a rental property is uninhabital using by fire or breach of section 11 of the 1985 LTA the LL can not charge you rent (off the top of my head I think fire and flooding is also covered by the 1985 LTA but I could be wrong), you should also be able to claim any difference between the cost of like for like accomadation and your rent plus other out of pocket expenses from the LL's insurance provided his insurance is for a rental property, otherwise you would need to claim directly from him.

There is a great big However though, if the flooding was caused by frost damage because you did not heat the property properly the full responsibility for the damage rests on your shoulders. This precedent was set by Lord Denning in the 50's based on what he viewed as behaving in a tenant like manner and every judge in the UK knows it. That is why it is wise to take out insurance against accidental damage of the LL property in your insurnace property

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A friend of mine had his 2-bed flat completely flooded.

He and his flatmate have been moved to a 1-bed flat while it's sorted out.

What are his rights re reduced payment etc.? I looked on landlordzone but couldn't see any details.

May depend on the extent of the flooding. FWIW, I was on the other end of this, in that I had an empty property and got an urgent call from the LA saying she had a group of 5 sharers whose house had been flooded out, and could they move in tomorrow? I said Yes Please!; - apparently their original contract was regarded as legally frustrated because it was IMPOSSIBLE for the LL to fulfil his side of the bargain (neither tenants nor LL had been negligent) so the whole thing was basically cancelled as the repairs were clearly going to take several months ( water from a burst pipe had been pouring through the house for three weeks when it was empty over the Christmas break - student let)

If the need was urgent and the LL had 1-bed flat available, that might be the most reasonable solution in the SHORT term - say a week or two. Beyond that and you'd be entitled to demand equivalent accommodation.

Bit like hiring a car if some-one rams yours - the fact that you drive a new Merc doesn't necessarily entitle you to go out and hire an identical vehicle; you're expected to mitigate your losses and make do with a Mondeo for a couple of weeks (unless you can produce a VERY good reason for needing a Merc!)

I'm not a lawyer, do your own research blah blah...

Edited by cartimandua51
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I was worried about this a while ago because i live on a flood plain. I have tried to find my post but can't. Anyway another poster told me that the landlord or his insurance would have to offer equivalent accomodation. Of course, it might be reasonable for you to get a hotel for a few days but then if it is 2 bed house then your should get a replacement two bed. Tjhis is what happens for owner occupiers (from their insurance) when they need to move out.

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Any thoughts onthis one from our more experienced and knowledgable renters. It is really interesting to those of us living on flood plains. The principle would also be for fires and new builds falling down - so interesting for all posters.

Flooding from natural causes i.e. rain related floodings is as a standard insurance risk and so is considered similar to fire or structural damage. However the insurer may refuse to insure the LL for that risk if it is expected to happen again, either way provided the damage was not cause by an act of negligence of the tenant, the LL can not charge rent for a property that is un-inhabitable

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