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Housing Solicitors

Burst Pipe causes Havoc in London (16 December 2016)

Date: 16/12/2016
Duncan Lewis, Housing Solicitors, Burst Pipe causes Havoc in London

More than 150 properties have been affected by a burst pipe, which sparked major flooding in north London. It has been reported that over 350 people were forced to flee their homes and business premises in the area. The roads were closed and streets in N1 were submerged. Hackney Council offered support for those affected by setting up rest centres, while Thames Water also offered stay in hotels for some people.

Many of the people affected are those renting properties, now destroyed by the flood. In these cases, the Landlord and the tenant have a contractual relationship, governed by contract law, under a tenancy agreement stating the tenant is to pay rent and the landlord is to provide the property for the tenant’s occupation.

The question arises as to whether a tenant should expect to be re-housed by their landlord following disasters such as the Stoke Newington flooding. The law is silent on the matter, thus no direct duty on the landlord exists to provide the tenant with an alternative living space where such disasters leave them without a home.

However, the position of the local authority is profoundly different, and they do have a duty to re-house the tenant following a disaster. Pursuant to section 189(1) Housing Act 1996, a person has a priority need for accommodation if the person is homeless (without available accommodation to occupy by virtue of section 175 Housing Act 1996) as a result of an emergency, such as a flood. This means that, under section 193(1) and (2) of the 1996 Act, the local authority must ensure that accommodation is available for the tenant to occupy, where the tenant has a priority need and is not intentionally homeless.

The onus, therefore, is placed on the local authority to re-house tenants in the event of such an emergency, not the landlord.

AuthorAgnieszka Marks-Wozniaczek joined Duncan Lewis Solicitors’ Housing Department as a caseworker in September 2016. She currently assists the department with all matters including possession of property and challenges to decisions of local authorities.

Duncan Lewis Solicitors’ Housing team is ranked by Legal 500 2016 for its services nationwide to social tenants across London. They provide guidance for landlords and tenants on all housing issues and are highly experienced at finding solutions for you that aim to address cases quickly and effectively. The Housing team can advise on all matters, including issues with local housing authorities, housing applications, tenants, landlords, ownership, repairs and many more. This department also regularly represents clients in the courts, ensuring they receive the highest quality assistance throughout their case. If you have any issues relating to housing please do not hesitate to contact our specialist team on 0333 772 0409.


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