Tenant vs Landlord

princeofpounds

Hi Jenbo,

I think I'm pretty much going to be summarising much of the advice given to you previously, but it might help to consolidate it. The below assumes you are in England.

- If the boiler is actually breaking down and you are left for long periods without heating then by not replacing it the landlord is committing an offence under the Housing Act. They have a statutory duty to provide you with heating and hot water and to maintain the property and its fixtures in serviceable repair (i.e. working, not necessarily nice!). If this is the case, you can write a strongly worded letter quoting the relevant passage, and the next step would be to contact your local council's private tenancy team who will be able to help you enforce this. You could also follow the strict process to fix the boiler yourself and deduct from rent, but you will need very clear evidence that this is a necessary repair and not a replacement otherwise as it may eventually end up being disputed in court or through the deposit arbitration service. Neither is difficult but it takes time and you want to be certain of your position.

- Be careful you are using the boiler correctly. Ensure you are using the timer and thermostat correctly. Also ensure that the pressure in the system is kept correctly. It will turn off if low, and it will continually run low if there is a small leak. Exactly what have the 6 faults been according to the repairmen?

- If the heating is merely expensive, then nothing can be done except to negotiate. Do not forget that gas prices over the winter were much higher than in previous years thanks to the fact that they lag the oil price. This means that they will be coming down as this year goes by. Be aware this might be down to the house and insulation as much as the boiler itself.

- If you have no joy from any of these three approaches, then you need to decide whether you want to play for an exit from the tenancy. There are three ways to do this. One is contractually, by invoking any break clause or leaving at the earliest opportunity. The second is through negotiation, offering to allow viewings until a suitable replacement is found. This may require you to incentivise the landlord somehow. The third is through hardball, which will basically involve you being so uncooperative that the landlord will be glad to see you go. This is unpleasant, difficult and will deprive you of a reference, but it can be done so I list it, though I don't endorse it!