No hot water for 3 weeks, Landlords Agent ignoring calls and messages

claireelizz

Hi guys,

Could really do with your help. Our boiler cut out just over 3 weeks ago. I contact the lettings agency immediately. We've had 3 plumbers out and the lettings agency hardly answers our calls. Its all a very long story but the last plumber came out to us last Tuesday and advised that the problem was due to the condesate pipe being installed completely wrong, it should be going downhill but ours is going uphill. Only problem is the pipe goes from the cupboard in our living room, into the cloakroom behind tiling and then into the en-suite again behind the tiling with no access at all. The lettings agent claims he has been trying to make contact with Barratts who built the property as the landlord doesnt want to pay out for something that is their fault. So like I say the last time we had a visit from a plumber was last Tuesday, the lettings agent keeps ignoring our calls and when we do speak to him he keeps saying we'll get a call from Barratts to arrange access and also an electrician to connect our immersion heater until the boiler issue is resolved but no-one ever calls us. We are getting extremely p*****d off now. its been 23 days since we reported the problem and much as we understand the complexity of the situation, its totally unreasonable for it to be going on this long...

Any ideas what we can do now as I don't want to cause too much trouble because apart from this problem we love living here and dont want them to end up kicking us out cos we are making too much fuss...

Colincbayley

What would you do in this situation if you owned the house yourself?

mynameisdave

How close is the letting agents office?

Its difficult for them to ignore you if you are in their office asking for stuff to be done.

F_T_Buyer

Hmm, well obviously it's a new build - and we all know developers are very slow (and sometimes never complete) difficult to solve problems. I would write a letter, recorded delivery, saying they have 7days to fix it or you will move out. Put the pressure on, as they're not the ones with cold water!

claireelizz

I understand its not an easy fix but they need to understand as well that we're the ones living in the flat and next wednesday it will be 4 weeks without hot water! If I owned the house I would be on to Barratts who built the property who the plumbers are claiming is their fault all day every day until they sent someone out, failing that would get someone in to repair and take barratts to court if neccessary to recover costs

Unfortunately the lettings agent is about 150 miles away!!!! if it was local I would be in there office until the problem was resolved!

cooltt

It's quite straight forward to sort out. If you have NO hot water at all (you mentioned an emersion heater), you keep a record of all contact with LL and agency. After a reasonable period of time (i'd say 3 weeks is enough but 4 is even better) you get it fixed yourself, pay for it your self then bill the landlord.

If he doesn't pay take him to the small claims court will cost you £80 (but you will get that back) and is very easy to do.

I've been in this situation before and did exactly the same thing, you will find your landlord won't mess you about in future and he cannot evict you for ignoring HIS letting responsibilities.

The fact that Barrat messed up is his problem not yours.

If you want to read up and know exactly what to do, visit the charity "Shelter" website and it's got excellent legal info in what your responsibilities are as a tennent and what the landlords are.

claireelizz

Yes the boiler doesnt work at all for hot water or central heating, the immerssion heater cable is there but not connected to anything so effectively we have no hot water. I have kept a diary of every phonecall, message and plumbers visits which is many pages long. We were told 3 days ago we should get a call from barratts and electrician but we havent heard anything. we have left messages with the lettings agency today and I sent an email requesting contact details of barratts and the electrician but as yet havent had any response

We are paying quite high rate of rent... Do I have the right to ask for a refund for the time the boiler has been out of action?

cooltt

No you can't withhold rent or anything like that, you would break your agreement straight away and then you can be evicted.
Your best option is to get it fixed yourself then bill the landlord, at that point you can also include an amount for compensation but what ever you do, do not stop paying the rent.

I know it sounds like alot of hassle but in reality you can get this sorted quite quickly. The landlord can then persue Barrat if he wishes for the amount of money it's cost him to settle with you. The point is it is your landlord who is responsible for providing you with a habitable dwelling with basic stuff like water gas electric etc...he can't wriggle out of it nor any county court judge would find in his favour and he knows that.

claireelizz

No I wouldnt dare withold rent as I know that would cause problems for me and the landlord could take me to court for rent arrears, I just meant that ovbviously the boiler is part of the service we're paying for and if we're not receiving that service are we entitled compensation.

The only problem with getting it fixed myself is that it requires an awful lot of work, the plumber said that the tiling (and possibly even the wall) has to be removed in both bathrooms to even access the pipe then it needs to be re-run properly meaning we'd have to get in decorators also that I just don't even know where to start

princeofpounds

Hi there.

You have two routes to enforce repairs.

1) The procedure laid out in Lee Parker vs Izzet 1971. If the landlord does not repair in a reasonable time you can effect the repair yourself after giving notice in writing and deduct from future rent. You must follow the procedure and you cannot deduct current rent.

Laymans guide from shelter below along with other info:

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

2) Council environmental health can come and inspect and issue legally enforceable repairing orders. You have extra powerful levers here as failure to repair hot water and heating in a reasonable amount of time is a criminal offence, not just a civil duty. There is also a duty to provide alternative sources of hot water and heating as soon as practical, although a kettle and a fan heater is enough.

So you write a letter to the LL, copying agent. Send recorded delivery (or some other method with evidence of postage - hand delivered with witness, receive a reply in return etc). State that under the landlord and tenant act he has a duty to repair hot water and heating within a reasonable amount of time and that failure to do so is an offence. Put him on warning that you intend to use method 1 (if you have already evidence of contacting LL or A in writing then you can include the necessary quotes too) and/or method 2.

That will probably get a response. If not you just get on with enforcing your rights.

Unfortunately there is one risk. A LL cannot evict you within your fixed term for this, but if they are annoyed they might end the tenancy when your fixed term ends. There isn't anything you can do about this, but then again you don't want a LL who thinks you are a doormat and leaves you with no hot water.

Judges have a lot of discretion in terms of what is reasonable. You don't have a right to get anything fixed quicker than an owner would normally be able to do it. So if the LL can prove the builder has a warranty then he might get some leeway as it is the reasonable way to get it fixed, but that leeway is not infinite. 4 weeks is certainly long enough to go without hot water I would have thought in summer. The clock only starts ticking when you can provide evidence of having complained to LL or A (what you communicate with the A is legally understood to have been communicated with LL).

clutton_2

it is your landlords responsibility to repair this... he must then sue Barrets for recompense

if you tink it is such a big job that you cannot afford it and that you may be in the property for insufficient number of months to get your money b ack by with-holding rent - then your only solution is to call in Enviromental Health who have legal authority to force your LL to make repairs....

Having done repairs on many properties over 11 years, i have learnt that there may well be more than one way to effect a repair.. why not get another plumber in and see what they say should be done... pipes can always be capped off and rerouted through trunking if necessary - this would look ugly but .....

4 weeks is more than reasonable to have effected a repair in my view in the summer.. had it been winter i would be thinking 1 -2 weeks depending on the problem....

you MUST do everything in writing from now on to your LL with a copy to the LA