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Advice - compensation for no heating/hot water

24

Comments

  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    "" Sometimes, adults need to negotiate what they think is fair.""

    oh that people would just TALK to each other first - before coming onto forums wiht "how much money can i get out of this person because ....... - its all become sooooo wearisome
  • Generali
    Generali Posts: 36,411 Forumite
    Combo Breaker First Post
    clutton wrote: »
    "" Sometimes, adults need to negotiate what they think is fair.""

    oh that people would just TALK to each other first - before coming onto forums wiht "how much money can i get out of this person because ....... - its all become sooooo wearisome

    It's the way it is with these things. The OP feels (rightly IMO) aggreived and wants compensating. The LL has offered compensation. I think it's not worth fighting for more given the costs and aggro involved.

    If a contract is broken by one of the parties then there should be a penalty or why should either side stick to the contract?
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    of course OP feels aggrieved - and has every right to - but surely - the initial question should be "how can i get warm water and heating" - lets sort out the financial issues later on ....... or are folks happy to be cold/upset/abused/cross - whatever - as long as they get "compo" later on ?

    i agree this LL is taking the mickey and warmth should bed provided - but lets get our priorities right !!!
  • i did a post like this back in august september last yr. My heating and hot water didnt work for 2 1/2 weeks and then we had a gas leek as the gas pipe in the kitchen had never been closed off! I managed to get £100 "compensation" from my rent of £430. They didnt really want to give any as apparently it made no difference to me because it wasnt that cold at the time.... i beg to differ when u have a child to look after (under 1) and bath etc. Good luck
  • Generali
    Generali Posts: 36,411 Forumite
    Combo Breaker First Post
    clutton wrote: »
    lets get our priorities right !!!

    I agree with you there wholeheartedly! However, the OP has heating and hot water back on and so now the issue is how (s)he should be compensated for the breach of contract.

    If the OP doesn't seek compensation then why should the LL bother to fix the heating system in future?

    The flip side of that coin is why would the OP pay rent if she thought that the LL couldn't go to court to extract it from her?
  • I agree. However, generous compensation has been offered and the OP needs to be reassured that the compensation is appropriate.

    GG
    There are 10 types of people in this world. Those who understand binary and those that don't.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    just take the money and move on !!!!!
  • I am sure LLs wouldn't leave their own families without heating in winter for weeks. Strange how we see advice being given by LLs, to other LLs, to take out insurance if rent isn't being paid and not advice being given to LLs to take out a boiler/heating contract for speedy boiler repairs! I have been a LL and I would never have left my tenants without heating for 3 weeks in winter. No reasonable human being would think 3 weeks was acceptable.

    I have had a reply from Shelter about the increasing threads we are seeing on LLs not fixing boilers quick enough.Shelters email was full of good advice. The following is one of the links they provided.


    "Can I claim back some of my rent?

    If you haven't been able to use your home, or part of it, because of the disrepair, you may be entitled to an abatement (a reduction or refund) of rent. How much of you can claim will depend on how much of your home is uninhabitable. If no part of the house can be used, 100% of the rent may be abated. If only part of the house is unusable then the rent will be reduced proportionally.
    Abatement of rent is sometimes claimed under the heading of 'inconvenience', but you may be able to claim both, if the inconvenience is something other than the fact that you haven't been able to use part of the property."
    http://england.shelter.org.uk/advice/advice-4086.cfm


    Also on that link is:-
    Can I claim for damage to my belongings?


    Can I claim for damage to health?


    Can I claim for inconvenience?
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • Doozergirl
    Doozergirl Posts: 33,804 Forumite
    Name Dropper Photogenic First Anniversary First Post
    "Can I claim back some of my rent?

    If you haven't been able to use your home, or part of it, because of the disrepair, you may be entitled to an abatement (a reduction or refund) of rent. How much of you can claim will depend on how much of your home is uninhabitable. If no part of the house can be used, 100% of the rent may be abated. If only part of the house is unusable then the rent will be reduced proportionally.
    Abatement of rent is sometimes claimed under the heading of 'inconvenience', but you may be able to claim both, if the inconvenience is something other than the fact that you haven't been able to use part of the property."
    http://england.shelter.org.uk/advice/advice-4086.cfm

    Amazing that the advice given by posters here matches that above. :rolleyes: 50% reduction for the time the OP was without heating seems acceptable.

    The landlord has lost £225 for each tenant in the property. Perhaps they will consider insurance in the future but the cost of these policies is often prohibitive. As a householder, if you just put the money away each month instead of paying British Gas or whoever, you'd probably save money. As a landlord, if you have to pay back a load of rent perhaps it might be a half decent idea. I'm waiting for the landlord who comes and asks whether to take out insurance on their boiler ;)

    My MIL's boiler broke the other week. We looked into insurance and it was nearly £30 a month! The repair cost £130 :confused: I guess if you are a tenant and you don't want to be cold, then you have the option of taking out your own insurance. Or half price rent from a sensible landlord.

    I am certain that most of the advice given on this board by the regulars tries to be unbiased most of the time. I am happy to help a buyer, a vendor, a landlord or a tenant because I've been all of those things myself. clutton is the first in to advise tenants with deposit problems. It doesn't make a blind bit of difference to me whether the landlord takes out insurance or not. I just want the people asking to get their problems sorted in the easiest way possible. It mostly includes being reasonable.

    Oh, I'm in my own house now and if my boiler breaks down, the kids and I will have to wait for the plumber. My tenants will have individual yet energy efficient electric water filled radiators. So if one breaks, they won't freeze.
    Everything that is supposed to be in heaven is already here on earth.
  • DGJsaver
    DGJsaver Posts: 2,777 Forumite
    Doozergirl wrote: »
    I guess if you are a tenant and you don't want to be cold, then you have the option of taking out your own insurance.


    Most LL`s dont want any work carried out that hasnt been approved by them or arranged by them

    Thats probably why they take weeks to fix it , to save up the money they havent got..
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