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  • Legal FAQs

    Leasehold - temporary eviction for repairs

    Just wondering if anyone has any experience of the following situation. I own a leasehold flat in a block where the landlord needs or wants to carry out necessary repairs to the outside and wants to temporarily evict my tenant for "several weeks".

    Having just taken him on I'm at a bit of a loss as to how to play it.

    They are offering alternative accommodation (details tbc) either another flat or hotel but the disruption to him will be significant. As most of the work is on the outside I dont see why they have to leave but the landlord is saying "health and safety " is paramount.

    Do we think they can do this? There doesn't seem to be anything specific in the lease apart from allowing access. Any advice gratefully received.

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    What exactly are the planned works - is there asbestos removal involved?

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    No its to do with water ingress apparently to another part of the building. No asbestos.

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    So whole building is being evacuated for an unspecified period?

    Water ingress implies contents damage...

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    No only this flat being emptied and I guess the water must be damaging elsewhere as no damage to my flat that I know of.I think its something to do with the balconies.

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    First thing to do is speak to you tenant. If they are offering alternative accommodation he/she may well think that's great and accept- depending who is paying.

    Also what about your loss of rent for the period are they going to pay you? 

    The " health and safety" is a great excuse for everything to day and is used should everything else fail. I would certainly find out exactly what the problem is ( don't second guess) , what they intend to do and how long should the works go on.Whatever is decided make sure you are covered for any over run of time- these issues never finish on time.

    I would double check the lease as most include access for repairs. The bottom line is they could force you to comply through the courts so why not negotiate and save hassle either side and they will probably be more accommodating.

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