Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Landlord wants to carry out major works?

Re: Landlord wants to carry out major works?

Postby Voldemort » Tue May 16, 2017 11:40 am

theycantdothat wrote:The snag is that you cannot contract for something which the law regards as impossible. The law says that the maximum duration of a tenancy must when granted be fixed or ascertainable. If a tenancy is agreed on terms that it can only end at the tenant's will its maximum duration is neither fixed nor ascertainable when it starts.

Does any of this prevent the OP from relying on Estoppel to prevent the landlord from going back on his promise?

As DLS notes, evicting the OP may not be the Landlord's intention at all. Going forward is there a way the OP can ensure that the Landlords promise does not conflict with his tenancy agreement?

This does raise an interesting question (in my mind at least!) regarding a lay persons understanding of the potential legal implications of entering into an AST - as I understand independent legal advice is not required to enter into the contract?
Voldemort
 
Posts: 324
Joined: Mon Dec 03, 2012 9:28 am

Re: Landlord wants to carry out major works?

Postby CountryLad2016 » Tue May 16, 2017 12:52 pm

Thank you for all of the replys, I do appreciate them and please keep them coming as I am reading everyone.

I do not know if it makes any difference but I work from home running my small business.
Which is why I have 3 bedrooms as one is my office and the other storage and the third being my bedroom.

This is done with the Landlords knowledge and consent, in fact I have provided my services to the Landlord
on a fair number of occasions (at his request) and I did so free of charge because of the 'good will' between us.

I am the kind of person who would not charge family or friends.
CountryLad2016
 
Posts: 9
Joined: Mon Aug 01, 2016 5:38 pm

Re: Landlord wants to carry out major works?

Postby theycantdothat » Tue May 16, 2017 3:44 pm

Voldemort wrote:Does any of this prevent the OP from relying on Estoppel to prevent the landlord from going back on his promise?

As DLS notes, evicting the OP may not be the Landlord's intention at all. Going forward is there a way the OP can ensure that the Landlords promise does not conflict with his tenancy agreement?

This does raise an interesting question (in my mind at least!) regarding a lay persons understanding of the potential legal implications of entering into an AST - as I understand independent legal advice is not required to enter into the contract?


If a landlord purports to grant a tenancy which does not comply with the essential requirements the law lays down then the grant is void. It has to follow from that that an agreement or promise to grant a void tenancy is also void. There is no way round that.

However, it does not mean that all is lost. The law aims at striking a balance between certainty and fairness. So, whilst on the one hand it may say "to achieve this, you must do this", it will not allow a man to insist on his strict legal rights if it is unconscionable for him to do so. So, in a case where a landlord says to a tenant that if the tenant does certain works the tenant can stay as long as he likes, the law will not countenance the landlord ending the tenancy as soon as the tenant completes the works without affording the tenant some relief. I leave it to the litigators to speculate on what form the relief should take.

Everyone is potentially at risk when entering into any contract without legal advice and that is why we have equity and consumer legislation.
theycantdothat
 
Posts: 1078
Joined: Fri Nov 02, 2012 7:36 pm

Re: Landlord wants to carry out major works?

Postby tph » Tue May 16, 2017 7:35 pm

CountryLad2016 wrote:Thank you for all of the replys, I do appreciate them and please keep them coming as I am reading everyone.

I do not know if it makes any difference but I work from home running my small business.
Which is why I have 3 bedrooms as one is my office and the other storage and the third being my bedroom.

This is done with the Landlords knowledge and consent, in fact I have provided my services to the Landlord
on a fair number of occasions (at his request) and I did so free of charge because of the 'good will' between us.

I am the kind of person who would not charge family or friends.


Regardless of your suspicions the landlord has a legal obligation to undertake the assessment and then carryout out works (if required) to bring the property up to standard.

Personally I would wait for the initial assessment and see whether significant works are required.
User avatar
tph
 
Posts: 576
Joined: Sun Nov 04, 2012 11:54 pm

Re: Landlord wants to carry out major works?

Postby atticus » Tue May 16, 2017 8:03 pm

If you get on that well with the landlord, have a conversation. It may allay your concerns. (Or it may not, but at least you'll have more to go on than suspicion.)
User avatar
atticus
 
Posts: 19035
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Landlord wants to carry out major works?

Postby CountryLad2016 » Tue May 16, 2017 9:36 pm

atticus wrote:If you get on that well with the landlord, have a conversation. It may allay your concerns. (Or it may not, but at least you'll have more to go on than suspicion.)


We are not friends or anything like that but yes, I know the family and I am on first names with them
but that means nothing really. They own the whole village so we all know them.

I believe the family is in Asia otherwise I would consider an approach but it would probably
make matters worse as the attitude is "we have letting agents so we do not have to deal
with matters of this sort
".
CountryLad2016
 
Posts: 9
Joined: Mon Aug 01, 2016 5:38 pm

Re: Landlord wants to carry out major works?

Postby CountryLad2016 » Tue May 16, 2017 9:43 pm

As it has already been said I may be worried about nothing but I do not like
going into a situation without knowing where I stand.

The issue is not whether the works can be done or not because that is a given
but, for me, it is whether I can be forced to leave (for no good reason) and if
I have any redress to be allowed back without a rent hike?

As I alluded to in my original post the page at the URL below (Citizens Advice)
seems to be saying that I do have certain rights depending on whether the works
are essential repairs or just improvements.

Could someone kindly have a look and proffer an opinion?
https://www.citizensadvice.org.uk/housing/repairs-in-rented-housing/moving-out-while-repairs-are-done/moving-out-while-repair-work-is-being-done/
CountryLad2016
 
Posts: 9
Joined: Mon Aug 01, 2016 5:38 pm

Re: Landlord wants to carry out major works?

Postby CountryLad2016 » Wed May 17, 2017 7:18 pm

Anyone please ??
CountryLad2016
 
Posts: 9
Joined: Mon Aug 01, 2016 5:38 pm

Re: Landlord wants to carry out major works?

Postby atticus » Wed May 17, 2017 9:38 pm

What exactly do you want an opinion on? The CAB has published a document that covers the subject. Do you find it unclear?
User avatar
atticus
 
Posts: 19035
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Previous

Return to Landlord and Tenant Law

Who is online

Users browsing this forum: No registered users and 1 guest