Tenants rights after a fire

bartlebooth

Hi,

There was a fire in my buildings in the bins in the underground car park. Thankfully nobody was hurt, even the apartments were fine. However the electricity system was so damaged that the building was deemed inhabitable, so everybody had to leave.

It seems that the company acting as landlord was able to find alternative accommodation for all the tenants, but they told me that we should consider this as the end of our lease. Additionally they gave us only 3 hours yesterday to collect all our belongings, saying that they are just following the insurance requirements. Of course most of us didn't have enough time to take all our stuff, especially without any time to organize things (and I assume that people couldn't even come in the middle of the day).

Basically we were treated as if it was an eviction even though we pay the rent. Is this legal? Do we have any recourse?

Thanks for any advice

AndrewJRenko

Very strange. Did you try contacting Threshold for advice?

spaceHopper

I would think that it is not the end of your lease and I'd skip calling threshold and call the RTB get them to say it. Or better still email them then you can show it the agent for the LL

Ezeoul

Call me a cynic, but this sounds like something that was set up, to me.

No damage to the apartments themselves, but just enough damage that all the tenants had to leave?

🚩 🤨

FishOnABike

Shouldn't the landlord's insurance cover their loss, including their obligation to provide you with alternative accommodation until the building is repaired and you can move back in?

bartlebooth

https://www.boards.ie/discussion/comment/121233437#Comment_121233437

I would have thought so too... Also I asked whether moving costs would be reimbursed, they said no.

FishOnABike

https://www.boards.ie/discussion/comment/121233823#Comment_121233823

It might be worth contacting Threshold to get some advice on what your rights and the landlord's responsibilities are.

Allinall

https://www.boards.ie/discussion/comment/121233401#Comment_121233401

This.

Sounds dodgy as fcuk to me.

ottolwinner

I have insurance on a rented property and know that if similar were to happen to me there is nothing in their contract or the insurance that would allow for this to happen. It sounds suspicious to me.

a fire report should show the extent of the damage? If it was only in a bin and not in the building how has it compromised all the electrics.

how many residents needed alternative accommodation?

sounds very very suspicious

bartlebooth

Thank you everyone for the comments and ideas, it's helpful: at least I'm not crazy to think it's weird!

I received an update by email, the company will actually allow the residents to access our apartments again to collect our stuff (as opposed to what they said earlier).

10-10-20

I might be wrong here, but the contract taken out between renter and landlord is on the basis of a rental at the named location and isn't flexible to provide movement from that location. The landlord providing accommodation outside of the fire affected block was a goodwill gesture, I don't think it's likely that it was written into your contact that this was a service-offering at the time of signing!

I'd also propose that the landlord decided that the contract terminated at the time of the fire under the legal term of "frustration of contract" as the contract could not be 'serviced' as the units were affected by the damage to the electrics and hence became uninhabitable - and therefore unsafe in the eyes of the landlord and insurer. The thing is, the units themselves were not damaged or destroyed and we can presume that the units can be made safe again once the electrics are brought back into operation. The duration of the repair is key here as if it's a lengthy process then the landlord would be right in asserting that the contract has terminated, but if it's a quick fix then you could argue that the fire was not an unexpected event and the solution was within a reasonable time frame, then the contract should not be terminated.

The RTB would be best placed to comment on whether the contract can be terminated due to a non-destructive fire (to the individual units).

Nickindublin

Are all the apartments occupied by tenants?No owner ocuupiers? Not an expert on the legal situation but no matter what the situation they would have to give you written confirmation of termination of lease. Also once the repairs are carried out they would have to give you first refusal.

Dav010

This really depends on whether it is an underground car park below the apartments, and the extent of the fire.

If it was quite a major fire under residential units, then there is a risk of the fire weakening the structure along with damage to electrical supply. Though no structural damage may have occurred, it will still have to be checked and there may well be a drawn out discussion between owners and their insurers.

Op, you will need to seek clarification on the grounds on which the tenancy is being ended, and remind the owners of their obligations under the RTA.

Ginger83

How long are you living there?

I would be looking for written confirmation. I would be contacting the Rtb and a solicitor and I would also be asking if you should move all your belongings out.

Del2005

https://www.boards.ie/discussion/comment/121236528#Comment_121236528

Won't the landlord have to offer the apartments back to the original tenants after the repairs are completed?

10-10-20

https://www.boards.ie/discussion/comment/121238081#Comment_121238081

Not a clue dude, makes sense though.

SharkMX

Maybe the whole pace has fire reg problems and that why everyone has to move out?

My girlfriends sister lived in a house years ago and there was a fire next door. They had to move out. No come back with the landlord. The property was not able to be occupied so they had to move out., They tried to get the landlord to pay for alternative accommodation. He just gave them back the rest of the months rent and that was that. They went to the RTB, threshold and the lot, but the landlord was within his rights.