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Does my tenant still need to pay rent in an uninhabitable property

Questions & AnswersCategory: General QuestionsDoes my tenant still need to pay rent in an uninhabitable property
Helen Milton asked 3 years ago

Does my tenant still need to pay rent in an uninhabitable property. The house was flooded due to flash floods which has been accepted and verified by my insurers. She has been told by her insurers (contents only) that as the water is deemed to be contaminated that she must vacate the property and not pay any rent and use that rent to live elsewhere.
My insurers are arranging works to be done but I do not know whether they say it is uninhabitable.
The tenant's insurers at first offered to rehouse her temporarily but she told me that she didn't want to live elsewhere and would rather stay at her mother's house opposite, therefore I did not do anything further about this. One week later the tenant informed me she would not be paying rent and that I should have rehoused her, my insurers immediately offered this but she said she did not want it and would not live elsewhere temporarily but at the same time gave me one month's notice of leaving.
I was under the impression that if I offered accommodation she would still need to pay the rent as she is within tenancy, she has now said she has gone to a solicitor.
Please could you advise whether in law I should refund the three weeks rent that she had paid in advance before the event of the flood.
Thank you 

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