Legal Eagle Column by Dean Durham.
Consumer champion & legal expert from
www.youandyourrights.co.uk
Flood Advice
Over the past few weeks I have heard from literally hundreds of fl ood victims who have been asking what their rights are. Here’s a round up of the main questions:
Does the local authority have a duty to help me? It is your responsibility under the law to protect your property from fl ooding. The local authority doesn’t actually have any legal obligations although the Environment Agency, local authority and the Emergency services where possible will obviously off er assistance in the event of a fl ood. The local authority does an obligation to provide alternative accommodation for their own council tenants.
What happens if I become homeless? Under the Homelessness Acts 1996 and 2002 your local authority must provide you with suitable temporary accommodation, as a priority needs person, if you become homeless. Section 189(d) of the 1996 Act places a duty on local authorities to provide accommodation to a person who is homeless or threatened with homelessness as a result of an emergency such as fl ood, fi re or other disaster. You should also check your insurance as Building policies have a standard clause that covers the cost of alternative accommodation when your house is badly damaged due to insured perils such as fl ooding.
Can I get fi nancial help from anywhere? Britain’s major banks, including RBS/Natwest, HSBC and Santander have pledged to support fl ood victims with a package of fi nancial measures, including
on mortgages. Other banks and building 78
societies will no doubt off er the same type of help for their customers. I have also been hearing that some banks have set up special loan facilities for those have fallen victim to the fl oods and that other banks have agreed to ‘fast track’ loan applications.
My rented accommodation has fl ooded, what are my rights? Section 11 of the Landlord and Tenant Act 1985 says that your landlord is legally responsible for certain repairs. Under section 11 your landlord must: • keep the property’s structure and exterior in a good standard of repair, even if it was in a poor state of repair when the tenancy began.
• •
repair the property when damage has been reported. Your landlord is obliged to rectify any problems.
ensure that the property’s supply of utilities (gas, electricity, water etc) is in working order.
So in the case of a fl ood your landlord will be obligated to deal with the repairs but will have no obligation to re-house you during the period of repairs. However, if the property is uninhabitable you will be able to freeze your rent or terminate the tenancy.
“payment holidays”
My Council / Housing Association property has fl ooded, what are my rights? Both local authorities (councils) and housing associations (private registered provider of social housing (PRPSH)/registered social landlord (RSL)) have a legal duty to repair damage and disrepair in your property. Your housing provider should provide you with suitable alternative accommodation if you
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