LEAK DAMAGE TO FLAT - CAN I ASK TENANT TO VACATE FOR H&S AND REPAIRS REASONS
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MRS DAVIS
MRS DAVIS
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2 Posts
3 years ago
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I am the landlord of a flat ( converted house turned into 4 flats) which for the last few months has had ongoing roof issues resulting to extensive damage in our flat, and we are not even on the first floor. Our tenant has been patient and understanding and we have a good relationship. This week the damage escalated and we feel strongly that due to the ongoing nature of the damp/mould and now electrical issues that can not be rectified until the freeholder fixes the roof properly, that we have a responsibility to ask the tenant to vacate the flat as it is potentially not meeting health and safety standards. We have done all we can in regards to making it safe ( dehumidifiers, sent over my contractor to remove as much wet plaster, submitted a claim to the insurers which is stalling due to the freeholder.. and we just started a 2 month rent free period for our tenant..)

We put it to our tenant today that we need to consider vacating the property in order to allow the property to dry out and do remedial works - this would mean us giving her notice/whatever procedure is legally appropriate in this case.

Naturally she has become very upset and thinks it is not necessary. However I got an email today saying she is not staying there at nights from now on. She thinks if she moves out for a week or two we can fix everything - that is just not possible. What are our rights in this situation? Can and should we ask her to leave by formal giving notice? DO i have any legal obligation to her ( apart from offering full notice period ) in this specific scenario? Many Thanks in advance

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