No heating at home

Premier_2

sjp1966 wrote: »

Yeah I agree with this, ....

I don't, at least not without the backing of someone else able to advise you on your legal rights (such as the sources I quoted)

Can I withhold the rent?

You do not have the right to withhold the rent if you do the landlord might try to evict you rather than do the work. It is not recommended but if you do stop paying rent, keep the rent money in a separate bank account. ...
Most tenants can be evicted if rent arrears build up, regardless of why the rent arrears exist....


Can I do the work and take the money out of my rent?

However doing the work yourself and deducting it from the rent might be an option if your landlord won't carry out repairs or is being unreasonably slow in getting them done. But it is very risky. You must follow the correct procedure (see below), or you risk eviction for rent arrears.

...
Will I be responsible for the quality of the work?

Yes. ... If you carry out or arrange repairs that are done badly, you'll be legally responsible for the consequences.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/tenants_doing_repairs#2

davidgmmafan

BTW it is a little difficult to understand the response that you got. If things are not resovled and you had to move then LL STILL won't have any rent coming in as nobody will move in until its fixed.

skeating86

NeverInDebt wrote: »

Warmfront take a long time to come and they probably tell you its not there responsibility but your landlords thats why you pay rent. If he/she is not prepared then perhaps its time before the impending Winter to give notice to leave IF he/she is NOT prepared to replace the boiler assuming it is beyond repair

Not sure who condemned your boiler but it could be worth getting a 2nd opinion

Hi,

The gas was condemed by the gas emergency people they have said that it can be repaired, I am unable to give my notice as I am still in contract with the LL unless i can get out of it due to no hot water and heating

skeating86

macman wrote: »

I have asked my landlord to get something done but was told he didnt have the money to get this done.

Can you clarify on this-has he told you that that he is not prepared to do the work-period? Because if so he is clearly in breach of his requirements under the tenancy agreement and in breach of the health and safety requirements. Or has he said that he can't do it immediately? What timescale (if any) has been put on it? I find it hard to believe that any landlord would just say 'no more heating or hot water at all'. Unless he is trying to encourage you to leave the property...
Did the property have a valid gas safety certificate which by law it must have, and of which he is required to supply a copy to you?

Hi,

As far as i am aware there is no gas safety certificate and I havent received one either, when i asked the landlord about the landlord about the heating it wasnt a deff no he just said it was on the basis that he has just got a new house and spent the funds he has on new furniture etc

skeating86

Hi All,

Spoke to LL he said he will send the warmfront permission letter back to them, and advised me that he will call me later to discuss things further if he calls me back i will let you all know what is happening

Thank you all for your posts

Premier_2

skeating86 wrote: »

Hi,

As far as i am aware there is no gas safety certificate and I havent received one either, ...

Demand one from the LL. It's your personal safety that is at risk here! The LL has a legal responsibility to obtain one and supply you a copy of it.
Again, in case of difficulty, contact the suggested people I previously mentioned.

macman

Your LL sounds remarkably casual about the whole business of having tenants, and the legal responsibilities of doing so-do you actually have a valid AST for this property, or is it some kind of informal arrangement?

skeating86

macman wrote: »

Your LL sounds remarkably casual about the whole business of having tenants, and the legal responsibilities of doing so-do you actually have a valid AST for this property, or is it some kind of informal arrangement?

Hi,

Yes I have a Assured Shorthold Tenancy in place that has been sighned by myself and the LL and witnessed and the contarct is for two years

Thanks

macman

So make him carry out his responsibilities under that contract. By failing to provide hot water he is clearly in breach.
And failure to carry out an annual gas safety check and supply a copy of the certificate to the tenant is a criminal offence punishable by a £6000 fine and/or a 6 month prison sentence. Perhaps you should remind him of that and give him 7 days to comply, or you will contact the HSE?

skeating86

macman wrote: »

So make him carry out his responsibilities under that contract. By failing to provide hot water he is clearly in breach.
And failure to carry out an annual gas safety check and supply a copy of the certificate to the tenant is a criminal offence punishable by a £6000 fine and/or a 6 month prison sentence. Perhaps you should remind him of that and give him 7 days to comply, or you will contact the HSE?

Hi macman,

I have contacted CAB and left a message to get back to me to make an appointment, I was unaware that if an annual gas safety check wasnt done what the consecquences were but if the boiler is condemed can an annual gas safety check still be completed if not im a bit stuck?

Hopefully when i get an appointment with CAB they will be able to help me more the LL is suppose to be calling me back this evening so will hear what the LL has to say