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Landlord requires me to vacate for a day

quinnicusquinnicus Posts: 856
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Hi all

I live in a housing association property. They have just written to me in regards to removal of asbestos work that needs to be done. They want me to vacate my property from 8am to 6pm (1 day).

Now the problem occurs that a family member does night shift work and comes home late/very early morning. I also have no where to go for that day either.

In regards to this, is there any legislation available where the landlord/housing association is required to pay expenses - as we are looking/investigating at maybe a nights accommodation as well as any type of food expenses?

Any chance someone can give me some pointers on this and where to look before I contact them?

Thank you all.
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    jsmith99jsmith99 Posts: 20,382
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    You use the word "require"; is this the word used by the HA? If so, or if they say anything else which states or suggests that you're forced to comply, do they provide any reference to a statute or statutory instrument which gives them this power?

    Or there may be something in the contract you have with them which gives them this right.

    Either way, this is the place to start to establish their rights and obligations.

    If they don't provide anything like this, ask them why they feel you must comply.
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    JasonJason Posts: 76,557
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    Unless i'm reading it wrong, 8am to 6pm is 10 hours, not one day.
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    MARTYM8MARTYM8 Posts: 44,710
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    Couldn't you and your family take a day trip or go to the park or a library or whatever. It's summer not February.

    I could understand if it was an overnight stay - but it's just the working day from 8 to 6 PM so they can rid your block of asbestos.

    Alternatively why don't you just ask the housing association if they would give you an allowance for food or whatever or a discount off your rent. Personally I don't see why they should - but best to ask them. Does this also not affect your neighbours?
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    quinnicusquinnicus Posts: 856
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    Hi all

    Lets put this in perspective as some of you are trying to pick holes into something that isnt there.

    Yes its only 10hours. From 8am until 6pm. My Dad who is a night shift worker (factory worker), does not get home until 3am ish in the morning and takes approx 1 hour before bed, as you cannot just walk in and crash (well he cant anyhow). To vacate at 8am, he would need to get up at 7:30 am. Going to bed at 4am (3 1/2 hours sleep) and then doing another 12 hour shift is too much !!!!

    The letter states:
    "all residents will be required to vacate the property for one day while the work is completed (on different days for each block)"

    So its mandatory - There is no provisions on what to do, no legislation to back it up. We also have some vulnerable elderly in our block - what about them too.

    So, yes - I am asking for advice on what to do.

    Cheers
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    chenkschenks Posts: 13,231
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    jsmith99 wrote: »
    If they don't provide anything like this, ask them why they feel you must comply.

    would you want to stay in the house with asbetos work being done?
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    flagpoleflagpole Posts: 44,641
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    just deal with it.

    what would you do if you owned the house and a contractor told you you needed to be out for a day.

    off the top of my head why can't your dad find a B&B, stay with a friend, sleep in his car, get up early for just one day.

    it's not a big deal.
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    [Deleted User][Deleted User] Posts: 2,606
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    I am involved in this type of work and I've never come across any applicable legislation. Your best bet would be to talk to your housing officer or someone else from the HA and explain the problem. They might have a respite cabin set up somewhere where your dad could sleep and there would at least be shelter and some tea/coffee making facilities for you.

    You won't want to stay in that day, if they're removing asbestos from the whole block there will be far too much noise for your dad to get any sleep anyway.

    As for food expenses, I think you'd be very lucky if they helped you out. It is reasonable for you to prepare a packed lunch the night before.
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    quinnicusquinnicus Posts: 856
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    flagpole wrote: »
    just deal with it.

    what would you do if you owned the house and a contractor told you you needed to be out for a day.

    off the top of my head why can't your dad find a B&B, stay with a friend, sleep in his car, get up early for just one day.

    it's not a big deal.

    I thought that this was an advice sub-forum - is this not the case? How is your reply helpful in anyway shape of form?
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    quinnicusquinnicus Posts: 856
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    I am involved in this type of work and I've never come across any applicable legislation. Your best bet would be to talk to your housing officer or someone else from the HA and explain the problem. They might have a respite cabin set up somewhere where your dad could sleep and there would at least be shelter and some tea/coffee making facilities for you.

    You won't want to stay in that day, if they're removing asbestos from the whole block there will be far too much noise for your dad to get any sleep anyway.

    As for food expenses, I think you'd be very lucky if they helped you out. It is reasonable for you to prepare a packed lunch the night before.

    Thank you JumpTheShark - probably what ill have to do. Was looking for ammo to back it up, but if there isnt any - then i cant :)

    Most appreciated.
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    JasonJason Posts: 76,557
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    quinnicus wrote: »
    Lets put this in perspective as some of you are trying to pick holes into something that isnt there

    I think you're getting the wrong end of the stick there. You said in your original post it was "1 Day" and that you were looking in to a "night's accomodation" when it's only 10 hours. Maybe I should have framed my post into an appropriate question, but it still wasn't "picking holes" because it wasn't entirely clear.

    Anyway, I would strongly doubt that you'll be reimbursed for any incurred expenses as I would think that Asbestos removal would come under any 'essential maintenance' clause in your HA agreement but I think it's something you'll only really find out if you ask them.

    I've looked around at a couple of housing association websites in different parts of the country and none of them have any procedures in place for the reimbursement of expenses in any situation, let alone something like this.
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    flagpoleflagpole Posts: 44,641
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    quinnicus wrote: »
    I thought that this was an advice sub-forum - is this not the case? How is your reply helpful in anyway shape of form?

    I don't know why you think my post wasn't advice.

    ultimately all rental issues come down to tribunal and what is thought to be reasonable. given the timing and nature of the work the HA's actions will be considered reasonable.

    so my advice is just to sort it out. doing whatever you would do if you owned your own property and were told by a contractor to get out for less than half a day.
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    Rae_RooRae_Roo Posts: 1,185
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    flagpole wrote: »
    just deal with it.

    what would you do if you owned the house and a contractor told you you needed to be out for a day.

    off the top of my head why can't your dad find a B&B, stay with a friend, sleep in his car, get up early for just one day.

    it's not a big deal.

    This really! It's only the day hours, home in the early evening, as for dad on nights, well from somone that's done nights myself, it's not an issue to follow the above advice.. I.e. Kip in car, mates house etc for just one day!

    I'd probably get an extra long sleep the day before, so I'd just need a power nap the morning the contractors are coming, then go out for day, if dads tired he can catch 40 winks in the car, job done! Or... If it's such a big concern, can't he swap a shift for one day? Otherwise I'd just do as above!
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    quinnicusquinnicus Posts: 856
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    Thanks for looking around for me JasonWatkins and appologies to flagpole if I came across agressive - unintentional.

    Negotiating with HA is like pulling teeth - it can be done, but boy is it painful. :D


    EDIT : Sleeping in car and staying at friends is not an option - B&B is the likely answer, but dont believe he should pay. :)
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    cris182cris182 Posts: 9,595
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    quinnicus wrote: »
    Thanks for looking around for me JasonWatkins and appologies to flagpole if I came across agressive - unintentional.

    Negotiating with HA is like pulling teeth - it can be done, but boy is it painful. :D


    EDIT : Sleeping in car and staying at friends is not an option - B&B is the likely answer, but dont believe he should pay. :)

    If they were doing the work during the night then i would agree as they would be putting you out. But they are doing it at the best possible time, Not too early and not too late. Yes the nightshift thing is unfortunate but i doubt you will get them to pay
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    Rae_RooRae_Roo Posts: 1,185
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    quinnicus wrote: »
    Thanks for looking around for me JasonWatkins and appologies to flagpole if I came across agressive - unintentional.

    Negotiating with HA is like pulling teeth - it can be done, but boy is it painful. :D


    EDIT : Sleeping in car and staying at friends is not an option - B&B is the likely answer, but dont believe he should pay. :)

    They are viable options and whether he or you find them suitable is a different issue. As I mentioned, surely swapping a shift for one day, or getting a longer sleep the night before and a power nap that day, are also obvious options.

    Personally, I assume by him not paying you mean that the HA ie, council should pay? In which case, I think that's taking the mick! It's only day hours, plenty of options for him to handle his night shift issue, and most other people are out the house during the day, and could at least make an exception to get their home sorted.

    I wonder sometimes, how much people expect to be done for them, or are just as happy to pass the buck elsewhere :confused:
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    flagpoleflagpole Posts: 44,641
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    quinnicus wrote: »
    Thanks for looking around for me JasonWatkins and appologies to flagpole if I came across agressive - unintentional.

    Negotiating with HA is like pulling teeth - it can be done, but boy is it painful. :D


    EDIT : Sleeping in car and staying at friends is not an option - B&B is the likely answer, but dont believe he should pay. :)

    who do you want to pay? the tax payer right? everyone else?

    you might not think that your father should have to pay. but i'm 100% certain i shouldn't have to .
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    [Deleted User][Deleted User] Posts: 2,606
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    flagpole wrote: »
    who do you want to pay? the tax payer right? everyone else?

    you might not think that your father should have to pay. but i'm 100% certain i shouldn't have to .

    Or the housing association, who no longer receive government subsidy and are self-financing from rent income.
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    flagpoleflagpole Posts: 44,641
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    Or the housing association, who no longer receive government subsidy and are self-financing from rent income.

    the other tenants then.
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    nanscombenanscombe Posts: 16,588
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    Since there are several blocks being done at different times perhaps the HA might have a vacant flat that your father could use for that day, once the situation has been brought to their attention.

    If there are vulnerable elderly tenants that presumably the HA knows about them and has made some arrangements on their behalf.

    If your father works in a factory has he got any friends, from work, where he could kip for one day?

    Rae_Roo wrote: »
    .. If it's such a big concern, can't he swap a shift for one day?

    Or just take a day off.
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    scorpio20080scorpio20080 Posts: 2,894
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    While it's only 1 day, it's strange that they are not doing anything about it in terms of providing you with something!

    When I was living in an apartment I remember my contract saying the landlord had every right to show our room to prospective tenants (but they had to give us 24hrs notice), do any work that requires.

    Saying that, when our boiler needed repair, it was fine just that it was old and they were repairing it for 2 days (no hot water, just cold), they did give us 24hrs notice and told that they would knock the rent off those 2 days (not much but it was a nice gesture), incase we wanted to go somewhere else.

    My advice would be, look into your contract (if you have one) see what it says and then just ask them politely if any reimbursement can be made!:) You will never know what they'll say until you ask- at the most it'll just be a no!!:)
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    NormandieNormandie Posts: 4,617
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    quinnicus wrote: »
    EDIT : Sleeping in car and staying at friends is not an option - B&B is the likely answer, but dont believe he should pay. :)
    And the issue with that is: b&bs don't rent by the day, they rent by the night. In other words, checkout is usually 10am / 11am with checkin at 3pm / 4pm. If your father wants to sleep till midday or later either he'll have to find a property (or hotel) that will allow late checkout or he'll need to book two nights to get the full day.

    You may find an accommodating owner if you're not in a touristy area but two things I'd say here:

    1) make absolutely sure that the work is going to be carried out on the planned day. You don't want to be responsible for paying accommodation if the housing association change their day at the last minute and he doesn't need the room. If you book accommodation, make sure you know what the cancellation terms are.

    2) try and get the HA to commit to how long the disruption to your flat is likely to be. Is it possible that it's investigatory work and is it possible it might run over the one day allocated?

    If he can sleep at a friend's house, that would make most sense even if he spends what he would have spent on a b&b in a gift for them. He'll have flexibility of hours there that he may not get with a b&b.
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    nanscombenanscombe Posts: 16,588
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    That's what I thought, chances are he may have a friend on the same shift pattern with a spare bed.
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    sweetpeanutsweetpeanut Posts: 4,805
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    A few years ago the council were putting in new kitchens and bathrooms and this took a fair time to complete and we just had to make the most of it.

    Never crossed my mind to ask for payment :/ and this was for a couple of weeks not one working day.
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    [Deleted User][Deleted User] Posts: 2
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    Rather than kick up a fuss over essential maintenance which could save your life in the event of a fire why don't you treat this as a family day... Every one use up a days vacation and visit somewhere new for the day.
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    EastEast Posts: 926
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    Rather than kick up a fuss over essential maintenance which could save your life in the event of a fire why don't you treat this as a family day... Every one use up a days vacation and visit somewhere new for the day.

    Very good idea. I did it when work was being done on my property and stayed in the Holiday inn. I only was in Glasgow city centre and about 4 miles from my home. The night
    away did myself and partner the world of good.
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