Boiler packed in (again) - landlord/agency's obligations?

casinojack

Hi all,

I'm currently renting a property from a letting agents and have been for several years now. A couple of months ago, we had a problem with our boiler - one of the components (possibly a motorised valve) began vibrating loudly (loud enough to keep me awake). Worried about the fire hazard, I switched the whole thing off and called the agency. They promised they would send someone out to take a look asap. However, it was over a fortnight before anyone came round (apparently they had the flu) and another week before the component was replaced. During this time we were forced to use the immersion heater (expensive) and deal with the cold (luckily, it was fairly mild at this point).

All was well and good until a couple of days ago, the same component began vibrating and clicking very loudly every couple of seconds (loud enough to hear throughout the house). Once again we've been forced to turn it all off and half freeze to death (the sudden drop in temperature made it very difficult to get up this morning!). As I'm at work, my girlfriend gave the agency a call who simply stated that they're not sure when they can get someone to look at it.

Obviously, I'm a bit miffed by this and would like to give them an earful, but wanted to first verse myself in my rights as a tenant and their obligations as an agency (representing the landlord, whom we've never had contact with). I've read through a bit of the Landlord and Tenant Act of 1985 and, while it does state that they are obliged to keep all fittings in good repair, it does not state the timescales in which they must respond to and rectify a complaint. Any thoughts?

Thanks in advance!

CJ

brownie_scuffed

This is totally out of order!
I'd ring them up giving them hell as its in their contract with the landlord to upkeep the house on his behalf but at his expense obviously.

mrs_deadline

Ring round a few boiler engineers, find out their call out charges and how soon they could come, forward details to the agent and then keep on at them until they've got an appointment lined up...?

Fire_Fox

Welcome to MSE! Run a search as this same problem comes up weekly - the timescale has to be "reasonable" .

Basically you are being too casual. Follow up your verbal complaint with one in writing by recorded delivery, to the landlord and copied to the letting agent, remember the legal responsibility lies with the organ grinder NOT his monkey. If you get no response within a few days you need to get Environmental Health on the case.

casinojack

Thanks for the comments, all, and apologies for not first searching through the forum (considering I think myself as fairly net-savvy, this probably should have been my first action).

As per your suggestions I'm going to give them another call, firmly requesting they send someone out today. If they refuse or so not give a timescale, I'll look into an emergency callout at the expense of the agent (perhaps buying an electric heater on them to cover the next few days as well). Should they still be resistant about it (refusing to refund or whatever), I'll be going the 'complaint' route (letter, EH, citizens advice, etc).

I'm hoping that I was just a bit too agreeable on the first call and, if I do mention 'reimbursement', 'emergency call out' or 'complaint' it'll get them promptly into action and I wont wake up with icicles on my toes tomorrow.

Thanks again.

CJ

clutton_2

"" I'll look into an emergency callout at the expense of the agent""

the agent works on behalf of the landlord, and if the landlord does not authorise payment the agent certainly will not pay for anything....

bitsandpieces

There could be some question about what 'reasonable' means. Even if you had e.g. boiler repair cover, you could still be waiting a few days for someone to come out - 'reasonable' may not mean same day. I'd be careful about talking about legal rights while insisting on a same-day callout - you don't want to get their backs up by seeming unreasonable, and I don't think there would be any legal measures open to you to enforce such a quick repair.

Certainly, politely insist that this needs to be fixed ASAP - it's pretty cold now :eek: You could also ask that they either loan you an electric heater or pay for you to buy one.

Fire_Fox

casinojack wrote: »

Thanks for the comments, all, and apologies for not first searching through the forum (considering I think myself as fairly net-savvy, this probably should have been my first action).

As per your suggestions I'm going to give them another call, firmly requesting they send someone out today. If they refuse or so not give a timescale, I'll look into an emergency callout at the expense of the agent (perhaps buying an electric heater on them to cover the next few days as well). Should they still be resistant about it (refusing to refund or whatever), I'll be going the 'complaint' route (letter, EH, citizens advice, etc).

I'm hoping that I was just a bit too agreeable on the first call and, if I do mention 'reimbursement', 'emergency call out' or 'complaint' it'll get them promptly into action and I wont wake up with icicles on my toes tomorrow.

Thanks again.

CJ

You don't have the right to organise an emergency callout unless you want to pay for it, ditto buying a heater; the landlord has to provide you with a heater he does not have to reimburse you if you buy one. You must complain in writing in the first instance and get the appropriate authorities on the case, do not take the law into your own hands. The letting agent has no legal or financial responsibility to you as a tenant, the landlord does.

clutton_2

there is advice on Shelters website about the procedure to follow if your LL does not do repairs

princeofpounds

Landlord and Tenant 85 Act Section 11 sets out repairing obligations of landlords.

Bottom line is that all repairs must be completed in a reasonable amount of time. Reasonable does not mean without delay. Only a court can decide what is reasonable, however the timescale is likely to be shorter in winter and basically for such a major fault as a boiler it would be expected as soon as someone is available, with the understanding that may take a bit longer over the christmas period.

The difference between heating/hot water and other repairs is that failure to complete the latter is not an offence, but the former most certainly is an offence, to the point of fines and jail sentences (though it rarely gets that far).

The landlord also has responsibility to provide alternative sources of heating and hot water immediately, although not necessarily cheaper. But if the repair drags beyond a reasonable time you could apply to court for compensation for the added cost.

There is also a procedure for tenants to enforce repairs themselves. This is established in case law (Lee Parker vs Izzet 1971, google it) and there is a lay version on the shelter website for 'repairs in private rented accomodation'.

Finally, the council have environmental health and private sector rental teams who can inspect and issue repairing orders - it would be them who prosecute landlords who don't fulfil heating/hot water repairing obligations.

Suggest your course of action as follows:

- WRITE to Agent AND LL, preferably recorded delivery. This starts the clock ticking in terms of proof of complaint - only written communication can be easily produced in court, although it is fine to phone and then follow with letter. Copying the LL means that they will realise that this is a serious matter legally as it involved heating and hot water. They may not do so as many are amateurs.

- State L&T act 85 section 11 obligations relating to heating and hot water. Note that failure to effect repairs in a reasonable amount of time is a criminal offence, which they may not be aware of (you are 'helping' by making them aware!).

- Point out that response from the agent of 'we don't know' is totally unreasonable in the depths of winter and risks LL being in breach of obligations.

- highlight that council EH and PSR teams will be invited to inspect if required.

- you may also wish to give three example of boiler inspect/repair quotes and timescales you have received in writing from tradespeople. This gives you the double advantage of setting out what is 'reasonable' and also kicking off the tenant's right to repair procedure.

casinojack

Thanks again for the further clarifications.
We'll have someone from the agency coming round to the house later as they had already arranged to do a quarterly check, so I'm hoping they'll agree that the temperature is pretty unlivable outside of the lounge (with the fireplace constantly on).

My main issue with them initially was that they said they doubted they could get someone to look at it before Christmas, which would mean 2+ weeks with no central heating or hot water. I'll be buying myself an electric heater anyway as they're probably only twenty quid, which will hopefully help for a couple of days and be handy if it happens again in the future.

I guess my first action will be to see what they say later and, if they don't agree to send someone round in a 'reasonable' time, go ahead and make a complaint in writing as Fire Fox et al have suggested.


Cheers,

CJ