The devastating wildfires that swept through Stourbridge last week destroyed 19 homes and damaged a further 18, after a grass fire spread from Stourbridge Golf Club into nearby residential areas. While the cause of the blaze remains under investigation,

The aftermath raises a series of difficult questions for landlords: whether rent remains payable while a property is uninhabitable, who is responsible for the damage, whether alternative accommodation must be provided and who ultimately bears the cost if the fire originated elsewhere?

With significant sums at stake and tenants suddenly without a home, these questions can quickly become disputes.

Who pays the rent?

If a rental property is badly damaged and the tenant has to move out, one of the first questions will be what happens to the rent. It may seem obvious that rent should stop once a property becomes uninhabitable, but much will depend on the tenancy agreement, the extent of the damage and the circumstances surrounding the fire.

Government guidance says landlords are generally responsible for keeping a property in repair, while tenants are expected to continue paying rent while repairs are carried out. Where a property becomes uninhabitable, however, the situation can be more complicated.

For landlords, the key is to establish the position quickly rather than make assumptions about whether rent should continue, be reduced or stop.

What happens to the property?

A serious fire presents a very different situation from the normal repairs a landlord would expect to deal with.

The Homes (Fitness for Human Habitation) Act 2018 does not require a landlord to ‘rebuild or reinstate’ a property where it has been destroyed or damaged by fire, flood, storm or another natural occurrence.

In practice, the landlord's insurance is likely to become central to what happens next, including whether the property can be repaired and whether cover is available for lost rental income or alternative accommodation.

Steve Barnes, Head of Broking at Total Landlord, says landlords should not wait until they have suffered a major loss to find out exactly what their policy covers.

Barnes explains, “It’s vital that when taking out an insurance policy, you provide all the correct information at the outset so that, in the event of a major loss such as a fire, your claim is accepted and paid in full. One of the biggest reasons claims aren’t paid in full is because an adequate rebuild value hasn’t been provided. If you’re unsure of your property’s current rebuild value, seek professional advice – it could save you thousands in the long run.

If you have tenants and a fire leaves the property uninhabitable, make sure your policy includes loss of rental income during this period (not to be confused with rent guarantee). This means you can continue to receive rental income from insurers while the property is being repaired and keep up with any mortgage or other payments on the property.”

The distinction between buildings cover, loss-of-rent cover and alternative-accommodation cover can become particularly important when a property suddenly becomes uninhabitable.

Does the landlord have to find the tenant somewhere else to live?

According to Shelter, for most private landlords, the answer is no. If a fire makes a rental property uninhabitable, the landlord does not normally have to provide the tenant with alternative accommodation. However, the tenancy agreement may say otherwise, and landlord insurance might cover the cost of a hotel, B&B or temporary rental while the property is repaired.

That distinction matters because a landlord could face significant temporary accommodation costs if they agree to pay them without first checking their insurance position.

The sensible first step is to contact the insurer, establish what the policy covers and agree any arrangements with the tenant in writing.

What if the tenant caused the fire?

The situation becomes more complicated where the fire may have been caused by the tenant, someone in their household or a visitor.

Tenants can be responsible for damage they cause, but establishing liability following a serious fire is rarely as simple as pointing to where the blaze started.

Was it accidental? Was there negligence? Was a tenancy obligation breached? Those questions may need to be investigated by insurers and, where necessary, legal advisers before responsibility can be established.

What if the fire started next door?

The Stourbridge fire also shows how quickly a landlord’s property can be caught up in a blaze that started elsewhere. If a fire spreads from neighbouring land or another property, the landlord may be able to seek compensation from the party responsible, but only if there is evidence establishing liability. Until then, the landlord is likely to be dealing with their own insurer while the cause of the fire is investigated.

A warning for landlords

The Stourbridge fires are a timely reminder for landlords to understand their insurance cover before they need it, particularly around buildings damage, loss of rent and alternative accommodation.

If the worst happens, landlords should contact their insurer as soon as possible, establish whether the property is safe and keep communication with the tenant clear while the damage and cause of the fire are assessed.

The fire may be over within minutes, but the financial and legal consequences can last far longer.

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