No hot water

Planner

Follow the correct procedure; http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/tenants_doing_repairs


What is the procedure for withholding rent?

You must follow a specific procedure if you want to pay for repairs and take the cost out of your rent. Otherwise, your landlord can evict you.
Be sure to keep copies of all correspondence, and keep accurate records of what you have paid and when. We've produced a series of sample letters, which may be helpful.
The process is as follows:

• Step 1: report the repairs to the landlord in writing and allow time for them to be done. Keep a copy.
• Step 2: write to your landlord again, explaining that you intend do the work yourself and take the costs out of your rent unless the repairs are done within a certain time (eg. two weeks). Keep a copy. See sample letter 1.
• Step 3: once this time has passed, get three quotes/estimates for the work from reliable contractors
• Step 4: send the quotes to your landlord with a letter explaining that you are going to go ahead with the cheapest quote unless your landlord arranges for the repairs to be done within a certain time (eg. a further two weeks). See sample letter 2.
• Step 5: once this time has passed, if your landlord hasn't responded, arrange for the work to be done by the contractor that gave the cheapest quote
• Step 6: pay for the work yourself and send a copy of the receipt to your landlord, asking them to refund the money. See sample letter 3.
• Step 7: if your landlord does not give you back the money, write and confirm that you are going to deduct the money from your future rent. Explain exactly when the deductions will start and how long you will withhold rent for. See sample letter 4.

If you are claiming housing benefit, tell the housing benefit department what you are doing, and ask them not to make payments directly to your landlord. Your housing benefit payments might be suspended temporarily until the issue is resolved.

Hazel2705

I can't withold the rent as we've paid 6 months. I need hot water so haven't got time to follow the correct procedure and send letters and wait for replies (be ignored). I will just have to hope it goes in my favour when I take it to a small claims court at a later date.

I've gone past the point of anger now and just fed up with the hassle.

DD2_2

Hazel2705 wrote: »

I can't withold the rent as we've paid 6 months. I need hot water so haven't got time to follow the correct procedure and send letters and wait for replies (be ignored). I will just have to hope it goes in my favour when I take it to a small claims court at a later date.

I've gone past the point of anger now and just fed up with the hassle.

I think you can see now why it is a bad idea to pay so far in advance (out of interest, how come you did this?). Did you pay a deposit for your place too, because I suspect with such a dodgy landlord, you'll have waved goodbye to that too. I would make sure that your deposit is held within a legitimate Deposit Protection Scheme.

What a chancer of a landlord. You have my sympathies!

Hazel2705

The references from my husbands work were delayed as the HR dept were on holiday and we had given notice on the previous place and the house we were originally going to rent fell through so needed somewhere to go quickly.

He has nearly 900 houses so not a small company. The deposit was paid to an agent so I think that's pretty safe. They sort all the admin out so it would be them paying me back. All the repairs have to go through the owner who won't part with any money.

We've never rented privately before, always owned so would do our own repairs.

franklee

Hazel2705 wrote: »

The deposit was paid to an agent so I think that's pretty safe. They sort all the admin out so it would be them paying me back.

You need to check to see if your deposit has been protected by one of the three tenancy deposit schemes and you need to have been given information about this, called prescribed information.

The deposit should have been protected and prescribed information given to you within 14 days of the agent/LL receiving the deposit.

If the deposit isn't protected then you can go to court claim back three times the deposit although if it's protected by the time of the court hearing you may not get awarded the fine.

Either way you really need it protected so that it's kept safe and the LL can't just withold it at the end.

When you have time do look into this.

franklee

Planner wrote: »

Follow the correct procedure; http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/tenants_doing_repairs


What is the procedure for withholding rent?

You must follow a specific procedure if you want to pay for repairs and take the cost out of your rent. Otherwise, your landlord can evict you.
Be sure to keep copies of all correspondence, and keep accurate records of what you have paid and when. We've produced a series of sample letters, which may be helpful.
The process is as follows:

• Step 1: report the repairs to the landlord in writing and allow time for them to be done. Keep a copy.
• Step 2: write to your landlord again, explaining that you intend do the work yourself and take the costs out of your rent unless the repairs are done within a certain time (eg. two weeks). Keep a copy. See sample letter 1.
• Step 3: once this time has passed, get three quotes/estimates for the work from reliable contractors
• Step 4: send the quotes to your landlord with a letter explaining that you are going to go ahead with the cheapest quote unless your landlord arranges for the repairs to be done within a certain time (eg. a further two weeks). See sample letter 2.
• Step 5: once this time has passed, if your landlord hasn't responded, arrange for the work to be done by the contractor that gave the cheapest quote
• Step 6: pay for the work yourself and send a copy of the receipt to your landlord, asking them to refund the money. See sample letter 3.
• Step 7: if your landlord does not give you back the money, write and confirm that you are going to deduct the money from your future rent. Explain exactly when the deductions will start and how long you will withhold rent for. See sample letter 4.

If you are claiming housing benefit, tell the housing benefit department what you are doing, and ask them not to make payments directly to your landlord. Your housing benefit payments might be suspended temporarily until the issue is resolved.

Not when there is no hot water at all and a baby in the house! Geez the middle steps are waiting two weeks each, !!!!!! I would not accept even two days before an appointment has at least been booked bearing in mind there will usually be the inevitable wait for spare parts. The LL has to keep the equipment for heating and hot water in working order.

Hazel2705

Well, after a little searching through this forum it seems my landlord is quite well known on this site! Looks like he's been featured on watchdog about not doing repairs.

I'm just going to pay to get the boiler fixed so we at least have hot water and heating for the next three months and give our notice and see what happens

I think I better not say anything more about this on here as you never know who might be reading

Geenie

Hazel2705 wrote: »

Well, after a little searching through this forum it seems my landlord is quite well known on this site! Looks like he's been featured on watchdog about not doing repairs.

I'm just going to pay to get the boiler fixed so we at least have hot water and heating for the next three months and give our notice and see what happens

I think I better not say anything more about this on here as you never know who might be reading

Good luck OP, and please don't let this piece of dung put you off all private LL's, as there are many who take their responsibilities very seriously. I am also puzzled by the LA's role in this! They seem all too easily to fob off situations like this by saying they can't contact the LL, yet are very quick to take money off the tenant for services! I assume it was them that showed you around the flat etc, and therefore they should have some legal obligation to provide the basics you are entitled to, and claim the costs from the LL.

I have just found the following site about LA's http://community.enormo.co.uk/blog/buy-to-let/new-rules-for-letting-agents/

It states in May 2009 on new regulations being brought in.....

Tenants in England can expect from their LA:

A tenancy agreement
That deposits be held by a tenancy deposit scheme
That landlords should carry out repairs
That landlords should give notice of inspecting or entering a property
That rented properties should have a gas safety certificate
That they should not be harassed or illegally evicted

I think you have a case with the LA as well as the LL OP.

Good luck and keep us posted.

tbs624

Geenie wrote: »

I have just found the following site about LA's http://community.enormo.co.uk/blog/buy-to-let/new-rules-for-letting-agents/

It states in May 2009 on new regulations being brought in.....

Geenie, they are not "regulations being brought in" they are *guidelines* being put forward as part of ARLA's licensed agents scheme

tbs624

Hazel - the other option is to hire a water boiler like this http://www.hss.com/g/93910/Water-Boiler-Electric-20-Litre.html and send the LL the bill for doing so.