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Landlord hasnt fixed boiler and other complications

2

Comments

  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    edited 8 December 2009 at 11:31PM
    The landlord is obliged to carry our repairs in a "reasonable time" but I'm not sure whether this has ever been legally defined. You could try and reason with the LA and LL to let you leave early because of the lack of heating and hot water but don't bank on it. They should have arranged alternate heating and hot water for you by now. Have you asked them to arrange it? This all has the scent of the LL not having the funds to replace the boiler and if this is the case they might be prepared to play hard-ball to hang on to any funds that they can.
  • we have asked this and he wont let us :(
    paid all debts off 2024 yay

  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    gill5blue wrote: »
    it gets more complicated, it states in our agreement that we have to give one months notice a day before our rent is due, our rent is due on the 30th of each month.. so we would have to give our notice 29th december and still pay him januarys rent.. i do not wish to do this as he may not give us our deposit back. and that means i can not move into the new property untill end of january.

    To Fire fox, i understand i should abide by our tenancy agremment, we are now in the periodic tenancy, but as our landlord has not complied to his side of the agrement, why should i?? would it not cancel out the whole tenancy agreement?

    The AST is a legally binding document end of story you can pick and choose which parts you adhere to and neither can the landlord. If you were a week late with your rent would you be happy if the landlord came over and threw all your stuff out of the windows? :confused: Of course not, the law protects you from such actions regardless of whether you have breached your tenancy agreement or not.

    The law is there to protect you, you need to deal with this using the correct channels: we pay for Environmental Health out of our council tax and they are (usually) a pretty effective agency. You should already have written to the landlord and asked for him to rectify the problems with the heating and hot water as a matter of urgency, if not to release you from your AST early by mutual consent.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • OK, now it's time for you to play hard-ball. The landlord is legally required to lodge your deposit with one of the three schemes and should have done so within x days of the beginning of the tenancy and to have informed you which scheme it was lodged with. Since they have not done this and there are penalties for not having done it, you should use this as leverage to leave early and get your deposit back in full as long as the property is left in the same condition as you found it and you can prove it
  • We have put this forward to our landlord but will still not do so.. were stuck and want out!! were worried if we pay januaury rent we stil wont receive our deposit back?!!! if we left and did not pay january rent.. and went to court regarding the deposit bond, would we stil get our deposit back as we may not pay the rent? if not we will be paying our rent!
    paid all debts off 2024 yay

  • Soot2006
    Soot2006 Posts: 2,185 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    gill5blue wrote: »
    We have put this forward to our landlord but will still not do so.. were stuck and want out!! were worried if we pay januaury rent we stil wont receive our deposit back?!!! if we left and did not pay january rent.. and went to court regarding the deposit bond, would we stil get our deposit back as we may not pay the rent? if not we will be paying our rent!

    Did you put it to him in writing, recorded delivery?

    Stick to the law -- give your notice and pay your rent as due.
    Expect him to return the deposit.
    If not = court!
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    Do you have a current gas safety cert?
    Try the council's private sector housing team a call.
  • i dont personally hold a Gas Safety Certificate, our landlord has never given us one!. my parents are going to help me write a letter today and send it to him.
    :)
    paid all debts off 2024 yay

  • poppysarah
    poppysarah Posts: 11,522 Forumite
    Sod that writing letters
    http://www.gassaferegister.co.uk/advice/renting_a_property/for_tenants.aspx

    What to do if you think your landlord isn’t gas safe

    If you think that your landlord is not complying with the law you should get in touch with the Health and Safety Executive (HSE).

    Failure to follow gas safety requirements is a criminal offence and the HSE can issue a formal caution and may prosecute your landlord.
  • all me and my partner would really like, is our deposit back and to leave the property. i can no longer stay there as it is getting to cold with no heating, and i cant even have a shower as no running hot water, im 5 1/2 months pregnant! i need a claus out of this.. my questions are why should i stick to the contract when my LL has not stuck to his? on numerous occasions ( not putting our deposit in a bond, not fixing our boiler for 4 weeks) its getting me and my partner down :(
    paid all debts off 2024 yay

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