NO Heating for over 5months!!!

l-dalyle

i moved in to a property in july 09 and a month an half later the boiler cut out but it was hot outside anyway.i left it for a bit thinking it over heated or something then got in contact with the letting agent by phone and text and email they sent out a guy to look at it then he never came back ,but luckily the boiler came back on around the end of august but lasted for 3 days so i left it again thinking it !!! back on and it hasn't all winter,my 6 month tenancy ran out on 18th dec 09 .i sent the letting agents a text on the 19th saying i want to resign & please will you fix my boiler and the other repair you said you do when i moved in like my door buzzer cause mails getting robed ,the plastering (took picture of plastering when moved in so didn't get the blame and bill)and many more but no reply now they've got back 2 me & its february 2010 saying not had any information about any repair & wanting january & februarys rent but cause i'm on housing benefit i only get £247 a month and the rents 350 so i end up behind each month but i've paid it with jan & febs rent so i'm not in arrears with the tenancy i had now he wont let me resign 2 months later till £700 is paid & wont fix the heating but Do i have to pay even if i wasn't in a legal tenancy i dont pay for some thats not got my name on,an what about No heating threw more or less the hole tenancy its bin a cold winter all my clothes stink cause i wash them and they have to dry on there own over about 3day my laptops has broken threw condensation i was ill all over xmas and number off more thing .its not right...............Have i any rights??????HELP!!!

BitterAndTwisted

Could you please give us a time-line and break it all down into separate issues as your post is completely incomprehensible as it is now. Then someone might be able to advise you

l-dalyle

Moved in july 09sepetember 09 heating went off.....and still no heating today(feb2010) and landlord just wants money and not repair in anything & gonna kick me out

BitterAndTwisted

You said you weren't in arrears and then in the next breath, or rather the same one, you say that the agents are pressing you for £700. Which is it, please? This is part of what I meant by incomprehensible. Who lives in the property? Do you have separate tenancy agreements? What is most important to you, moving out or getting the heating fixed?

l-dalyle

My tenancy endend on the 18th of dec and it took them 2 months to ask me to resign but them 2month i wasnt in a tenancy so y do i have to pay if they cant even fix the heating paying for a home wots not up to scrach

BitterAndTwisted

No, your tenancy did not end on the 18th of December as you are patently still living in the property. Please answer my questions. I am being as patient and as kind as possible here.

theartfullodger

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

Pretty much tells you how to do it... in particular write, keep copy, and be calm, sober & polite in the letters. Contact Environmental Health @ council after Landlord has failed to sensibly respond to a letter after being given a fair deadline...

Cheers!

Lodger

PS
http://www.beers-scotland.co.uk/product.asp?P_ID=137

Barny1979

Go to the Citizens Advice Bureau

Monium

From what I can gather from the OP, this is the situation:

- Had contract with agent for tenancy until 18 Dec 2009, rent £350/month.

- Still present in property now.

- No rent paid for Jan & Feb 2010.

- Issues with heating / other repairs not done.

- Now been given notice to move out (I assume this is what you mean by "resign")

- Agent requires £700 for Jan & Feb 2010's rent.

I think this is right. If not, please do correct me.

I'm not sure however what your question(s) is (are) - maybe try with your most important question first.

Amy.

Barny1979

I think they mean re-sign, not resign

00ec25

what you appear to be saying is that you were in a formal AST tenancy which finished on 18th December - that would be the end of the fixed period.
If you gave your notice to quit (what you call “resign”:whistle:) on the 19th Dec then, legally, you were too late, as it must be given before the next rental period starts.
In your case you gave notice on the 19th Dec, which means it was not before the start of the 19th December – 18th Jan rental period and therefore (legally) it can be treated that your 1 month’s notice only commences from 19th Jan and covers the period 19th Jan to 18th Feb. So yes you do owe rent for Dec, Jan and part of Feb.

This is the law and if you rent you really should know these things, for example if the LL tried to evict you, do you know what dates the LL must use becuase if you do then they might be unable to evict you as quickly as they want to – read the Shelter website on what a tenant should know


alternatively if, as appears from monium's post, you have lived in the property after 18th dec and simply not paid any rent at all then the LL has now properly served you with 2 months notice to quit dated absolutely correctly and is fully entitled to the rent for Dec, Jan and Feb.

After the end of the fixed period (and as long as you do not sign a new agreement) then the mere fact that you continued to live there means it becomes a "statutory periodic tenancy" which continues unde rthe same legally enforable terms and conditions as before except that you can leave if you give 1 motnh's notice and the LL can ask you to leave if he gives you 2 months notice

in your original post it is diffciult to understand what you are saying - did you give notice to leave or has the LL told you to leave?




The fact a boiler was not repaired does not allow you to withhold rent now however much you may want to. This is because there is a very strict (legal) procedure for getting repairs done when withholding rent and I doubt you have followed it, again read the Shelter website which explains how to do this