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

tbs624

Colincbayley wrote: »

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

????? Colin - come on. It's a rented property. It's up to the LL to get it sorted. You know that.

tbs624

claireelizz wrote: »

my dad suggested that when the plumber was here but he advised that that could release some fumes that could cause problems to our health apparently

Ts should not fiddle around for their own solutions to boiler issues, however frustrated they get. It's the responsibility of the LL. If the LL won't act promptly then go and have a chat with the local Council's Private Sector Tenancy Relations Officer.

You are doing the right thing by getting it all in writing - it is important from the very start with *all* repairs issues.

Whilst they wrangle over getting things fixed, ask them to hire a temporary water boiler from a firm like HSS, at the LLs expense. they can be hired by the day/week

tbs624

claireelizz wrote: »

Thats the bit I forgot to mention, when the latest plumber came round he was also coming to do the gas safety inspection as the certificate was close to expiration (not sure exactly when it does expire or if it already has) but due to the condensate pipe he said he couldnt renew the certificate until that was corrected

So, have you not had sight of any Gas safety cert for this property? The LL should have provided you with a Ts copy prior to you signing up for the tenancy.

LLs must have a current GSC for the property. AIUI it's a separate breach of the Gas Safety Regs ( ie *criminal* offence) to (a) not get an annual check & certification (b) not to provide a T with a copy and (c) not to retain copies for a minimum of 2 years.

It sounds as though you have kept good records on all of this so far, and yes, on an earlier point you made, you should approach the LL for some financial recognition of your time without hot water.I'd keep that one until after everything else has been sorted though.:)

If you need to quote the relevant law to the LL/LA, see extract from the LL&T Act 1985 below:

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.

LLs have to deal with repairs with a reasonable time and for a T to be without hot water for more than a few days is not reasonable.

If you don't already have the LLs address btw, you can either pay 4 quid to download it from the Land Registry or write to the LA requesting the information under the LL&T Act 1987, s1. The LA has 21 days from receipt of such a request to provide you with the info or s/he will be committing a criminal offence.

Obviously, keeping your letters polite but firm stands you in good stead, as does being aware of the law on the LLs responsibility to maintain water/space heating.

claireelizz

tbs624 wrote: »

So, have you not had sight of any Gas safety cert for this property? The LL should have provided you with a Ts copy prior to you signing up for the tenancy.

I've looked through the docs that were in the flat when we moved in (manuals etc) and could only find a gas safety cert for back in 2007 and then checked through all our paperwork from the LA but there is no luck.

Like I said previously I understand the situation is complex but on Monday it will be two weeks since everyone has been clear on EXACTLY what the problem is giving them two weeks to make arrangements with Barratt or if Barratts aren't playing balll arrange alternative arrangements to fix it! (as the property is now just over 4 years old I can imagine Barratts dont want to accept liability since the problem hasnt been raised sooner)

The ignoring our calls and messages by the LA is totally unacceptable

BitterAndTwisted

The LA is between a rock and a hard place if your LL is wrangling with the builders, getting nowhere fast ad not giving the agents any information. Why not concentrate on asking the LL to fix the immersion-heater as a temporary measure? Then at least you'll have hot water while the weather is mild and don't need any heating yet.

tbs624

Have you actually sent your letter yet ? If not then just add cc: Tenancy Relations Officer, (your Town city )Council at the bottom and send a copy there.

You don't need to have any qualifications, training, specific expertise or even a modicum of common sense to be able to set yourself up in business as an LA. It's therefore no surprise that so many of them don't have a grip on their client LLs legal obligations with regard to the basics of a hot water water supply and a current GSC.

cooltt

claireelizz wrote: »

Thank you all soooo much for your advice, you have no idea how helpful you have been. I was hoping it wouldnt get this far but I guess this is the only way forward. Taking all of your advice I have put together this letter, I'm hoping this will be enough in itself to get things moving... no more Mrs nice guy haha... Does it sound okay, have I covered everything?



I am writing concerning the outstanding repair work needed at the above address. Under the Landlord and Tenant Act the Landlord (or any agent he appoints on his behalf) has a duty to repair hot water and heating within a reasonable amount of time and failure to do so is an offence.

Please find enclosed a diary of previous contact from the date the problem was reported. So far we have been without hot water for 1 month on the date of this letter and I'm concerned that the disrepair is adversely affecting my health and the health of other members of my household and causing great inconvenience.

If the problem is not fixed within two weeks, you leave me no option but to either carry out the repair work myself and deduct the cost from our rent or alternatively arrange for an Environmental Health Inspection which may result in a legally enforceable repair order.

I'd therefore be most grateful if you could contact me as soon as possible to arrange for the repairs to be carried out.

I look forward to hearing from you soon.

Yours sincerely,

I feel sorry for your landlord now he's clearly new at this but now he's going to learn a very expensive lesson. You could also give him the "landlord for dummies" guide free of charge, i saw it in Waterstones the other day. ha ha ha

ClaretHead

I've bought new property from Barratt, (and other builders). If the property is 4 years old, then your landlord's chances of getting Barratt to fix it are incredibly slim - this sort of thing should have been found in the first few months as part of snagging. Under the NHBC new homes warranty he might have had a chance of getting it done within the first 2 years, but past that time only major structural work would be considered.

I think that if he's saying that Barratt will repair it, you will be waiting forever. In the circumstances the letter you have written should concentrate his mind - he has to repair it for you - he can't pass the buck to the builders.

Good Luck

Colincbayley

tbs624 wrote: »

????? Colin - come on. It's a rented property. It's up to the LL to get it sorted. You know that.

And that is my point!

If the tenant owned the property what would they do different.

It is all well and good for tenants to say it is the LL's problem and they want it sorted today. However if the tenant owned the property what would they be doing now that the LL is not.

Seem's to me that the LL IS trying to sort the problem out:cool:

clutton_2

if his gas engineer has refused to sign a new LGSC - then he'd best get it fixed smartish.......