Choice Rentals - Professional Letting Agents | Page 29

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In the first instance speak with your insurer if you feel your tenant has been
negligent.

Does my tenant have a duty to reduce the chances of a loss occurring?
Yes, most tenancy agreements will place an obligation on the tenant to promptly report
problems in order to mitigate further loss. Tenants should also take reasonable steps to
avoid frost damage by maintaining a low level of heat whilst the property is empty.
A tenant should also inform you if he plans to be away from the property for any length of
time so that your insurers can be advised. You will need to check your insurance policy to
establish what period of absence requires notification and to establish any additional terms
that must be complied with whilst the property is “unoccupied”.

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Tenants are not responsible for insulating pipesand water tanks.
Alwayscheck your policy.

In the event of a serious problem, do I have to re-house my tenant?
Most tenancy agreements allow for rent to be suspended either in full or in part (depending
on the severity of the damage/ lossof amenity) should all or part of a property become
“uninhabitable”.
Landlords and tenants may agree that the tenancy can end immediately if a property
becomes uninhabitable if it isclear that the property is unlikely to be fully repaired within a
Reasonable time frame (in the case of a seriousfire or flood, for example).
Needlessto say, it is not always easy to judge whether or not a property is uninhabitable
and, if so, how long it will take for repairs to be undertaken. In addition, your insurer should
be consulted on whether your policy contains Loss of Rent cover and to ensure they are in
agreement with any proposals you and your tenants may have.
Tenancy agreements will not usually require you to provide alternative accommodation. It
Is not advisable to enter into what may become an open ended liability for accommodation
and associated costs. Where you believe cover may be available for alternative
accommodation under your insurance policy, we advise checking the scope of this with your
insurer prior to discussing this with your tenant.
For health and safety reasons, considerable caution should be exercised when considering
allowing a tenant to remain whilst a property has been part-damaged and/ or whilst repairs
are carried out.
In all cases, expert advice should be sought, with any agreement between you and the
tenant confirmed in writing.

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Alwayscheck your policy and insurer before reaching agreement with your tenant.
Landlords are rarely responsible for re-housing a tenant.