Boiler comdemned this morning in private rented property

jaynotts

Hi,

I have just had my yearly safety check on my boiler and it has been condemned. We have been unable to get intouch with the letting agency or landlord as yet. but it has only been an hour. i just wondered if anyone knew of my legal rights. am i able to withhold my rental payments due to having no boiler? i do have an immersion heater. and an open fire with a back burner, but obvioulsy the immersion is going to cost a fortune to heat up the water and an open fire is just unrealistic to use all the time and id have to get coal/wood etc to warm the house. i have a large 3 bed detached 1930's house which is only part double glazed and gets very cold quickly especially this time of year and the coal fire just isnt up to the job of keeping the house warm. Basically im just not sure where i stand, and i know im going to be very cold until its fixed, i can borrow a few electric heaters, which will help. just wondered how i stand with monies can i claim back fuel costs if i buy coal/wood? can i charge for the extra electric?

Any advice greatly appreciated.

Thanks.

Jason.

jaynotts

just to add, last yr the check came back as not safe, but the landlord got someone else out who passed it, all legit through the agency, so we knew this would prob happen, last time the boiler wasnt turned off when the first guy came round, this time it has been, is the landlord able to get another person in to see if it can be turned back on? and if so can we refuse this? as obvioulsy some engineers feel it is too unsafe for use.

poppysarah

Move.


You need to speak to the landlord. It shouldn't be put back on until it's been repaired or replaced. Do you have a copy of any document that says it's been condemmed?

You'd not be paying gas whilst the electric is heating the house so I don't think you'd get any cash off anyone.

http://www.gassaferegister.co.uk/advice/renting_a_property.aspx
Some info there about gas safe.
They might be able to give you some advice over the phone.

Fire_Fox

You aren't necessarily going to be "very cold until the boiler is fixed", it's only October! Just put an extra sweater and socks on in the evenings, use an electric blanket on your bed, a duvet on the sofa if we have a cold snap before the boiler is fixed. Immersions aren't expensive to run if you are sensible with your usage, I spend £34 a month on an all electric property for two of us - heating, hot water, lighting, the lot.

Jowo_2

Generally Shelter and CAB tend to advise against tenants witholding their rent over maintenance issues as this means they breach their contract by having rent arrears.

They can advise you of your rights on the matter of the landlord's obligation to keep the property in good repair and maintain the services such as heating and hotwater, whether this is grounds to surrender your contract. They may suggest you escalate the issue to your local council if the landlord does not prioritise its repair or replacement asap. It is a legal requirement of the landlord to have safe gas appliances.

A good landlord would want to compensate you for any expenses you incurr because of the maintenance issue and remedy that health and safety issue promptly.

princeofpounds

Your landlord has a special duty to keep you in heating and hot water, but the back-up systems provide that. His general duty is to effect repairs in a 'reasonable' time. If not you can effect the repairs yourself (using the tenant's right to repair procedure outlined on the Shelter website) and deduct from future rent, or call in the council's environmental health team who can issue repairing orders.

silvercar

I'd be wary of demanding rent reductions when you have only been without the use of the boiler for less than a day.

Your landlord appears to have arranged th gas safety ispection promptly, is there any reason to think he won't attend to maintenance issues equally as promptly?

Condemming a boiler means it can't be used at present. It doesn't mean it can't be used after modification, repair or even adjustments to room ventilation.

Wait (more than an hour) to see what the landlord suggests. If he intends replacing the whole boiler it is reasonable to aexpect him to get quotes and to arrange the work in consultation with you. In themean time the landlord should be prepared to supply temporary heaters should you need them.

franklee

jaynotts wrote: »

just to add, last yr the check came back as not safe, but the landlord got someone else out who passed it, all legit through the agency, so we knew this would prob happen, last time the boiler wasnt turned off when the first guy came round, this time it has been, is the landlord able to get another person in to see if it can be turned back on? and if so can we refuse this? as obvioulsy some engineers feel it is too unsafe for use.

Do ask to see the gas safe card of every engineer that visits and look on the back to see what they are qualified to do. It doesn't sound great that the boiler has been condemned last year and then somehow been "ok" and is now condemned again. See here for card details:

http://www.gassaferegister.co.uk/about/gas_safe_register_engineers.aspx