Who is responsible for repairs?
In short, if you caused the flooding, the responsibility likely falls on you.
If you didn’t cause the flooding, your landlord is responsible for repairing flood damage. This could be flooding caused by rain or problems with neighbouring properties.
The repairs they have to make include:
- Fixing structural damage
- Ensuring water, gas, electricity, sanitation, and heating are functional
Inform your landlord promptly
If you’ve discovered your property has been affected by flooding, you should notify your landlord as soon as possible. This helps them meet their landlord responsibilities by carrying out any necessary repairs within a reasonable timeframe and also liaising with their insurance provider if they have one. A ‘reasonable time frame’ will be agreed upon depending on the type of repairs needed.
What to do during repairs
If you can safely navigate your home, you don’t need to move out during repairs.
However, if certain rooms are unusable but OK for you to live with, you can decide to stay. Alternatively, you can move out. See the following section, “Temporary relocation”, for more information on this.
If you decide to stay during repairs, you may be eligible for a temporary rent reduction – or claim for one later. Your landlord is legally obligated to protect you and your belongings during this period.
Homelessness due to flooding
If you cannot continue living in your home, you should contact your local council for help. You should be treated as a priority because this is an emergency. Your local council has a legal responsibility to find you and your family a suitable temporary home if you’re eligible for support.
You may need to register as homeless to start the process.
For more information on this, visit Shelter’s website. Alternatively, you can contact your local Citizens Advice for guidance, too.
Temporary relocation
Tell your landlord if you have to move out due to damage from extensive flooding.
Your landlord doesn’t have to find alternative accommodation for you, so you can look for yourself or speak with your local council.
But you shouldn’t move out until:
- You’ve told your landlord why you’re leaving
- Your landlord confirms you can return on the same terms as before
- Your landlord estimates how long it will take to complete the repairs
What to do about rent payments during relocation
You should first ask about your landlord’s insurance and find out whether it covers temporary accommodation costs. If it doesn’t, you should discuss it with your landlord and reach an agreement on the rent payments during the repairs.
Options you can ask for are:
- to suspend rent payments on the home you’ve moved out of
- to pay for your temporary accommodation
If the situation becomes more complex, you can ask for help from your local Citizens Advice.
What to do if you get housing benefit
Usually, your housing benefit can only go towards the rent for one property. However, you may be able to get housing benefit for both properties in the following circumstances:
- you can’t avoid paying both rents at the same time
- your temporary accommodation needs adapting because you have a disability
Your local council will decide whether you can get housing benefit for your flooded home, your temporary accommodation or both properties.
What to do if your landlord won’t help with your rent
If you’ve spoken with your landlord, and they refuse to help with your rental payments (via either a rent reduction or money towards temporary accommodation), you may have to take legal action and take them to court.
In this case, a court may order your landlord to reduce your rent whilst you’re unable to live in your home and award you compensation for the inconvenience and distress.
The reduction or compensation amount by the court will vary and depend on the damage extent to your home, the duration of repairs and any other unforeseen factors.
Replacing belongings
If the flooding has damaged your belongings, you should file a claim on your contents insurance.
If you don’t have content insurance, you should check your local council’s welfare assistance scheme for help and support. Each council has different schemes and can help to different extents. For example, they may be able to replace your furniture or household appliances (such as cookers or fridges).
