Single mother, child under 12months and no heating for 6 days... landlord not helping

mickym

A friend i know has had a terrible Christmas due to no heating in her place.

She has a little baby only a few months old.

Landlord has said the weather isnt that cold, and that because of bank holidays he cannot get it fixed and suggested she goes stays with relatives. Im pretty sure that this cant be right?

Does she have anything she can get leverage with law wise?

She want to with hold rent at the end of the month but as we know this isnt a wise move and will probably cause her more problems.

Thanks for any help!

clutton_2

contact the councils private sector housing officer first thing in the morning...

in the meantime - she should go to argos or similar and buy one of those cheap, electric heaters immediatley ... her child needs heat - argue with the LL later on....

when we have had the coldest winter in years i can only call this LL a b*****D and i dont often use language like that....

bitsandpieces

Yes - first thing to do is to get a basic electric heater. Argos, B&Q etc. sell them for under £15 (or, if her neighbours are nice, she could ask if they've one she could borrow).

LL says it's not cold? Is she in the UK? Assuming that's case, I'd second Clutton's comment. Definitely worth calling council tomorrow am. She could also get in touch with Shelter - http://www.shelter.org.uk

moneysavingfamilycomp

hi we are starting the process of letting a house so im not sure but i was under the impression that if the heating failed we were responsible for paying for alternative accommodation for our tenant. we have took out insurances to cover us for this event. now we are using a letting agency (countrywide properties) so it may be different for a private landlord but i would definately try to find out. in my opinion no one should be left without heating and im sure there are laws to cover infants or the elderly. i would also tell your friend to start looking for alternative accomodation as soon as she can if her landlord isnt prepared to sort this out she may run in to other problems with them. i hope she can sort it out quickly.

ciano125

Tell the Landlord that Environmental Health are coming round and would he like to be there when they come, that'll get it sorted quick smart, did with a friend of mine!

elfen

Vulnerable people, get onto the council sharpish to give LL a prod about his responsibilities. Also, get out tomorrow and eithet borrow or buy a small heater to keep baby warm

princeofpounds

Point the landlord in the direction of the Landlord and Tenant Act. In particular refer him to his repairing obligations under Section 11.

11 Repairing obligations in short leases
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

Highlight to him that failing to provide heating and/or hot water sources is a criminal offence (unlike most repairing issues in a tenancy).

Explain to him that it is his duty under law to obtain alternative sources of heating for you immediately, even if that means buying electric heaters, and if he cannot do so to fund the cost of alternative accomodation.

Furthermore, should he delay in this or in fixing the boiler in a reasonable amount of time then you will contact environmental health and the private sector rental teams at the local council. A faulty boiler will be classified as a problem under the House Health and Safety Rating System (HHSRS) and a repairing order will be issued. Failure to comply will result in prosecution, and when env. health come in they like to pick up on EVERYTHING that needs fixing under the system, which could land the LL with a big bill.

This should get his attention.

Now, it is not his job to fix problems instantly. The legal duty is to 'reasonable' time, as decided by a court, and over a bank holiday period that will be a little longer than normal. However, it IS his duty to ensure you are kept with heating and hot water ASAP.

Confirm all the above in writing, preferably recorded delivery, so as to establish a timeline so that the clock starts ticking. And if he doesn't get heaters for you, ask for alternative accomodation at his expense or get the council involved.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/is_the_place_fit_to_live_in

blckbrd

LL could at least get someone to find out what the problem is - might be something simple. Sounds like he's just trying to save a few quid rather than meet his obligations.

If the LL is enough of a scrooge not to pay for a bank hol call out he's probably enough of a scrooge to serve notice if the tenant makes a fuss.

mickym

thank you for all the info.

the heating has now been sorted... LL came to fix it today when the my friend was out... no notice... but then she is happy to have it fixed.

OzzMosiz_2

mickym wrote: »

thank you for all the info.

the heating has now been sorted... LL came to fix it today when the my friend was out... no notice... but then she is happy to have it fixed.

Landlord is not legally allowed to enter the property without consent!
He sounds like a right irritating person and I would advise your friend to find another rental when this one is up!

Geenie

OzzMosiz wrote: »

Landlord is not legally allowed to enter the property without consent!
He sounds like a right irritating person and I would advise your friend to find another rental when this one is up!

Oh for goodness sake, the heating sometimes packs up where ever you live! I had a new born and 18 month old living in a house for 2 weeks with the boiler broken down over one cold Xmas! The plumbers were not available as were on leave. Fair enough. I wrapped them up warmer, bought a fan heater and managed just fine.

The fact the LL sorted it out is good, and your LL entering the property rant is pathetic. OK they should give notice, but they sorted out a heating problem over Xmas, which could not have been easy.....so give some slack!

And I agree about the OP moving. I wouldn't want them in my property if complaining about something that is difficult anyway at this time of year, and moaning because it wasn't done yesterday! Try being a private owner and see if the results are better when it comes to trades people coming! :rolleyes: