Landlord Charitable Status

equus

Hi All,

First post here - wonder if anyone can offer help. Renting on AST - coming up to 3 years in property. Intermittent CH/HW problems for 18 months (LL aware) finally resulted in new boiler. Were totally without CH/HW in excess of 4 weeks in November then further 10 days waiting for boiler to be fitted. Boiler now fixed and have asked (in writing) for compensation from LL for period without CH/HW. LL has just replied advising that no compensation, rent rebates etc can be paid due to charitable status.

Is this correct - have spent a while searching for information on this but no further forward.

Any advice would be appreciated re the status and possible how to reply/what to do next?

Many thanks

DVardysShadow

Is the tenancy partly a charitable act - or is the relationship with the LL purely commercial and contract based?

equus

Hi,

Commercial and contract based - sorry for not detailing in original post.

Regards

Fire_Fox

The landlord has to repair in a reasonable timeframe, and also has to provide you with alternate means of heating/ hot water was this done? Do you not have an electric shower or immersion heater at all? It wasn't really that cold in most of November so not sure that you could say you 'needed' heating, and arguably the landlord has saved you money! Ten days does not seem unreasonable to sort out a new boiler plus professional to fit it: four weeks might be reasonable if there was a lot of action within that time and they were waiting for hard to get parts, but unreasonable if they were reluctant to accept or rectify the issue.

theartfullodger

LL has just replied advising that no compensation, rent rebates etc can be paid due to charitable status.

Hmmmnn... don't believe it... I'd be inclined to write a calm, polite, letter outlining what you believe your losses are and enquiring where in Charity legislation they are forbidden in law from compensating/giving rent rebates. It may be that their governing articles (or whatever they are called ) for that charity stop such things being paid - but a) I don't think that likely and
b) If so that's their problem.... and ain't very Charitable:

Who are they?? Some self-interested bunch of ripp-off merchants only interested in lining the pockets of their friends (eg Eton College School??)

I'd write using Shelter's guidance here
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets
on repairs also and see what happens...
and write & document all repairs and issues outstanding..

Further, I'd keep copies of all my letters & also send copies to all the Charity's trustees, you can get them from Charity Commissioner site here...
http://www.charity-commission.gov.uk/
- ideally at their home addresses: Wouldn't mind guess the trustees will be surprised & p***-ed off when they hear how badly you've been treated.

It is, btw, also possible if you complain that they decide to give you notice... however, frankly, if they are that sort of Landlord you'd be well shotof them..

Sorry to hear your story...


Lodger

tbs624

Is the LL a Registered Social LL (RSL)? ( Different routes of complaint from private LL)

I agree with Artful - write and ask them to further explain what they mean with regard to their Charitable status.

princeofpounds

If they are charitable, they will be registered with the charities commission. All charities have a number that identifies them.

I don't believe that charitable status would exempt them from any liabilities in a normal commercial contract.

If you can get the charitable status claim in writing, then you can also report them to the commission if they turn out to be lying.

silvercar

If they are a charity, they may have a duty to maximise the amount of money that goes to fulfilling the charitable aims, therefore it would be against their articles of association to pay out anything on a voluntary basis. Whereas the AST provides you with certain protection, as does LL/ tenant law, if neither give you a right to compensation in the event of slow repairs it could be that voluntary compensation would be against their rules.

equus

Many thanks for the various replies. To answer a couple of points - boiler is/was a combination boiler so no immersion heater! Sadly there are some parts of the country which were extremely cold in November however I think it is irrelevant the type of weather at the time as CH/HW has to be provided!

The lack of CH/HW did not save us money (I am sure maybe the post was a written with tongue in cheek!?) - the problem with the boiler was it would come on and use oil but no CH/HW would be produced so oil was continually being used until it finally stopped working completley.

The time frames involved - intermittent problem for 18 months which LL aware of, plumbers would look at the boiler and as it worked intermittently never investigted the actual cause of the problem. In October 2009 the boiler stopped working totally - same plumber came and said either a number of parts were needed or a new boiler would be required. Nothing happened for 4 weeks despite numerous calls. Finally we were advised a new boiler would be ordered - a further 10 days elapsed before the boiler was installed. Before this information was received we had sent a letter with outlining the problems with a timeline etc and asking for compensation for the 4 weeks and for rebates on a pro-rata basis for weeks in excess of the 4 weeks we continued to have no CH/HW.

We had already checked the charity was registered etc but will reply to the letter asking for legal calrification etc.

Once again many thanks.

Fire_Fox

To the best of my knowledge it neither snowed nor was frosty during the daytime anywhere in the country during November, barring perhaps the last couple of days: I think you are just being soft!! Yes the landlord does have a responsibility to provide heating, but you would be unlikely to get anywhere in court if you wanted compensation for no heating in, say, the middle of a heatwave. Having said that I would be very annoyed if I had no hot water, and certainly if the boiler was using oil but not producing heat.

Why were you calling and not putting your complaints into writing? Did you contact Environmental Health at any point? Did you ask to be provided with alternative form of heating or hot water or just compensation? What is the compensation for, can you prove you are out of pocket (e.g. showering elsewhere, pay to travel there or use facilites)?

princeofpounds

If registered and genuine then Silvercar is right - trustees are basically obliged only to give money away if court-ordered (or they receive strong legal advice to do so). Otherwise it would be too easy to leak money from charities by making false compensation claims.