No Heating for 6 weeks.

rb6k

From mid-end Jan to the start of March we were without heating for about 6 weeks :mad: the house was freezing and my wife and I moved into her mothers because we have a 1 year old and the house just wasn't safe to keep her in. We had hot shower water but no other hot water, and as I say no heating.

Our landlord used Homeserve insurance to cover the property, and they were an absolute joke. They kept sending people out who would say things like the house needed repipeing, the house didn't need new pipes, then it did again, then they said the water heater was heating the water up to much and it was melting the pipe, then the next guy said that was impossible as water turns to steam at 100 degrees and the pipes can withstand 120 degrees etc, It went on like this for ages until I complained a lot about how rediculous it was, I begged them to stop sending out the same company every time because they were clearly idiots!!! They ignored me, and eventually the idiot company actually managed to get things fixed (it was the pump and a pressure cylinder of some kind on the water tank)

All throughout this time the landlord knew we were having a horrible time because we were keeping him up to date. At least twice he said "If its not fixed by Monday I'll pay for someone to come out" only to then on Monday say "Homeserve have promised me it will be fixed by Wednesday so I think its best we let them deal with it" only for the same thing to happen again the next week!
He eventually said to the letting agent to tell us that he will arrange for some kind of a rebate for the rent to be made to us. We thought that would be handy as we had been spending a fortune on petrol travelling further to my wifes work, and going between her parents and our house to let engineers in etc. Not to mention the fact it was incredibly stressful!!

Its now April and the landlord hasn't said a word about this rebate, I've asked him via email and got no reply. I called the letting agent and they said they wrote to him and got no reply, I told them to ring him and they said they'll see.
Our tenancy agreement says that the landlord MUST give us heating and hot water as part of our agreement. What I want to know now is are we entitled to say the agreement is void if he is going to mess us about like this? I am so fed up with him now that I would love to just up and go to a better house asap, our tenancy runs out in July so we can wait, but its the only thing I can think of that we have on our side, am I right in this or what?
Beyond that, what can we do about the rent we paid for no house? Should we expect a full refund on that period or is he entitled to make us an offer? He seems like the kind of person who would try and offer us a pathetic ammount and expect us to take it.

Could really do with some advice here! Anything I have missed out I am happy to answer.

princeofpounds

Our tenancy agreement says that the landlord MUST give us heating and hot water as part of our agreement.

Not only your agreement but the law. However, that does only mean a kettle and a heater.

Basically the law says such repairs should be done in a reasonable amount of time. You are entitled to take the LL to the small claims court to ask for compensation but it's not straightforward as you have to prove he was not reasonable and that you suffered loss.

Whilst still in the middle of the problem there is more you can do, like calling in environmental health to get a repairing order, or repairing yourself under the Lee-Parker vs Izzet 1971 procedures and deducting from future rent, but afterwards it is more limited.

What you do now depends on how much you want to press things and if you are willing to threaten to move out or risk eviction (assuming you are no longer in the fixed term). Can you give an idea?

rb6k

We are still in a fixed term, its a 1 year tenancy until the 29th of July. I am willing to force it though if need be. I'd consider it a decent result if instead of a rebate we moved out as I hate it here, there are so many stupid things wrong with the property it takes getting used to but its still annoying. The fact he said he would give us a rebate (though I think this was to sweeten us whilst Homeserve took their sweet time over it all etc) should mean something, but we don't have that in writing, the letting agent just passed it on to us as a message.

G_M

there are so many stupid things wrong with the property

Have you listed these in writing to the LL? If not you can hardly complain! If so, how has he responded?

I hate it here,

Is this really about wanting to find an excuse to leave before the fixed term is up?
The LL acted reasonably in putting an insurance in place (Homeserve). He was not to know they were pants.
He also appears to have chased them on your behalf, again a reasonable act.
Certainly you can argue he could have chased them more, and/or appointed another contractor, and that he promised you a rebate. You should put your claim to him directly, in writing. If he refuses, you could go to a Small Claims Court where you might/might not win.
It would come down to 'reasonableness.'

clutton_2

did you not ask your landlord to get you some cheap halogen heaters during the period of the repairs ?

i also think that it is now too late to be shouting about repairs - the time to have asked for an early surrender of your tenancy was when you had no heating ... - it would seem that your LL did some reasonable things to try to effect repairs.. and that is all the law requires "reasonableness"

re rebate - send him a recorded delivery letter suggesting an amount - see what his response is

princeofpounds

Re the other problems, if they are a matter of disrepair report them in writing, then if nothing happens use the procedure I mentioned above to fix them yourself and charge against rent. You can search for it on the forums or google, and you can also visit the shelter website which has a guide to repairs in private rented accomodation that walks you through it (although they don't name the legal case it is based upon). But you MUST follow procedure.

You will learn a lot about how to handle disrepair in future in the process.

Wickedkitten

clutton wrote: »

did you not ask your landlord to get you some cheap halogen heaters during the period of the repairs ?

i also think that it is now too late to be shouting about repairs - the time to have asked for an early surrender of your tenancy was when you had no heating ... - it would seem that your LL did some reasonable things to try to effect repairs.. and that is all the law requires "reasonableness"

re rebate - send him a recorded delivery letter suggesting an amount - see what his response is

I do have to say, I wouldn't have waited for the landlord to get some if I had a one year old. I'd be down to the nearest shop to get some myself.

tbs624

Stop emailing and phoning - do things by nice old fashioned snail mail and keep copies. Letter to the LL and letter to the LA setting out the facts only no "we were annoyed that...", reminding them of their promise to recompense you.

I don't view 6 weeks without heating during the winter months as "reasonable", especially when Ts have a baby. You *did* however still have hot water and the LL should have bought or hired temporary heaters for you whilst repairs were being organised.

You can say in your letter that the LL was in breach of his "repairing obligations" under the LL and T Act 1985,s11 (1)(c) which require him to "keep in repair and proper working order the installations in the dwelling-house for space heating and heating water."

Formally ask in the letter for the LA/ the LL to confirm the amountto be refundedby the LL in recognition of this failure. CC the letter to the local Council's Private Sector Rentals Officer and note at the bottom of the letter that you have done so.Make sure that all other repairs issues are reported in writing and always keep copies with your tenancy agreement.

rb6k

Sorry for the slow reply! I'll do each post in order.

We don't have direct contact with the LL it all goes through the estate agents. I've told them several times about the problems in the house and they always say "We'll get on to the LL about it" and when I ask again they say the same. I imagine it is ongoing there really as we have pushed and spoken up about it, its just waiting for it to be done really.

I know it sounds about wanting to find an excuse, but I'm not majorly fussed about waiting till July as moving itself is going to be a big spend etc, and this house is very close to work etc. I'm more thinking "Is this a possibility?" as it would save time dealing with everything else.
The LL hasn't really acted "reasonably" in putting the insurance in place at all! The estate agent told us that most of their customers just leave repairs to them, but he decided to put this in place for whatever reason (maybe cost, fair enough, but I got the impression he had to put something in place?) and he seems to have chosen an absolute dudd of a policy. (Which isn't really his fault, I feel, but its not mine either.)
As for chasing them on our behalf! No chance, I had to ring them, it wasn't until we had been in this mess a month that I basically demanded he sort it out because we were living at the in laws (couldn't afford to buy heaters, in response to those that said we should have) and then when he started to "sort it out" it was just "Oh, wait till Wednesday, wait till Saturday" etc etc with nothing happening. He said at least twice that he would get someone else out and I pushed that but it never happened.

The last bit I shall do I think, writing seems the best bet.

The middle posts about the heating I already covered, we couldn't afford the heaters thats why we moved to the inlaws for the duration. I never knew about the disrepair laws etc, I will look into that as it could be doable!!

With regards to hot water, there is an electric shower so the shower heats the water itself, the rest was down. I'm guessing this doesn't matter legally?

tbs624

Whilst you are still a T the LA is obliged to give you the name and an address for your LL but only if you ask in writing for the information. They must then let you have the info within 21 days of receiving your request - criminal offence if they fail to do so. (s1, LL and T Act 1985).

If they don't comply , do contact the private sector rentals team at the council - usually have someone titled a Tenancy Relations Officer or Landlord Liaison Officer.

It was the LL's responsibility to provide heaters, not yours, although I think posters were merely saying what they personally would have tried to do to improve matters in that situation and their financial circumstances may of course be very different from your own.

G_M

We don't have direct contact with the LL

His name and contact details should/ought to be on your contract. If not, write to the agents requesting his address and they HAVE to provide it in 21 days or you can stop paying rent.

I've told them several times about the problems in the house and they always say .....

Have you done this IN WRITING? To the LL?

he decided to put this in place for whatever reason

It is up to a LL to decide what contract or insurance, IF ANY, he chooses to put in place. There is no obligation for ANY such contract/insurance. Many LLs just wait for a breakdown and then arrange a contractor and that is perfectly acceptable. A LL who arranges eg British Gas or Homecare or similar cover is adding an additional, optional, benefit/convenience. By giving the tenant (you) their contact details he is also providing an extra convenience as you can call them direct. He does, of course, remain ultimately responsible, for repairs, but a Homecare policy is a very reasonable strategy. Some LLs leave it to an agent. Some do not HAVE an agent!

he seems to have chosen an absolute dudd of a policy. (Which isn't really his fault, I feel, but its not mine either.)

Or to put it another way "it's not your fault really, but it's not his either".

As for chasing them on our behalf! No chance, I had to ring them...

You also said in post 1: ""Homeserve have promised me (the LL) it will be fixed by Wednesday so I think its best we let them deal with it" only for the same thing to happen again the next week!"
So he WAS chasing, as well as you. OK, unsucessfully, but if he's paid for an insurance cover, it's not unreasonable to try to get that company to fix the problem he pays them each year for. I know I'd be reluctant to pay an additional company on top to fix the problem until I had to. Whether for myself at home or for a tenant.

He said at least twice that he would get someone else out and I pushed that but it never happened.

As has been suggested, the way to deal with this is a) at the time, not later and b) in writing, direct to the LL (who's address you should know and have a right to know/demand).

tbs624 has made a sensible suggestion. Follow the advice.