no heating and landlord ignoring messages

olly300

RedBern wrote: »

OK thanks for all your prompt responses. She's now located a copy of the tenancy agreement which shows a company as an owner with an address that is not specific to that company - not quite a PO box but similar. The letting agent she only has a christian name for, and a mobile number - no landline at all. She also has an e-mail address for him I believe.

If the company is registered in England and Wales she can find out the names of the directors by going to Companies House. (Google it.) She may have to pay to download their details but it's about a £1.

She can then contact the council again with the directors names plus the company name.

It's a shame she left it 4 weeks as now it's Xmas and things will be closed down.

RedBern wrote: »

Ideally she and her friend would just like to cut their losses and leave the tenancy early (it's a 6 month which commenced in September) - and just find somewhere else to stay - winter has hardly started yet and they are cold and damp.

I definitely would not advise doing that.

You cannot just leave a rental property without paying the rent or getting a replacement while you are in the fixed term.

Either the landlord/LA will pursue her or if she was credit checked ensure she is credit blacklisted.

While they can't be bothered to take care of their property, the fact they know how to hide behind a company means they are likely to know how to hassle your daughter and flatmates.

RedBern

Norman_Castle wrote: »

If the landlord has boiler insurance why is the heating not being repaired?

that's what she's been trying to ask the letting agent with no success. The guy doesn't answer phone calls or emails, so it is difficult. She's packing all her clothes into airtight bags so they arent' damaged by damp whilst she's here for Christmas.

Wings

Do a Google search on the Company's name and LA mobile number.

Your contact now must be back to your daughter's local council offices, either to their private housing department or to their environmental health department. If your daughter still does not get a proper repsonse from the council, her next approach should be to go to her local citizen advice bureau, where an inhouse solicitor will contact Shelter and the Council's legal offices.

G_M

Talk that the landlords "know how to hide behind a company" is ridiculous. Nothing wrong with running a business via a company. Millions of people do this! They're called 'small businesses'. And the address will only come up at Companies House if it is a Ltd company. Might be a partnership!

But that doesn't alter the facts:
1) Repairs should be reported in writing to the LL's address on the contract.
2) Repairs should be undertaken by the LL in a 'reasonable' period of time.
3) 'Reasonable' is undefined, and can only ultimately be decided by a judge
4) However a boiler, in winter, in this weather? Reasonable is pretty damn fast, subject to availability of appropriate heating engineer
5) Where repairs are not being completed, or even acknowledged, there are clearly laid out processes, as previously advised.

And no, the tenancy cannot be ended because of this.

tbs624

firstaspect wrote: »

If she doesn't have a full name and address for the landlord then the first thing she should do is stop paying rent as that is a legal requirement. If she then tries to call him and mentions this and that she won't be paying rent until the boiler is fixed and she has a full name/address of the landlord then it may make something happen quicker!

Confusion there - LL has to provide an address in Eng and Wales at which Notices relating to the tenancy may be served. This does not have to be the LL's address but LL cannot lawfully "demand" rent from T until such an address is provided (S48 LL&T Act 1987) - T cannot simply spend rent money but would need to put it aside.

If T writes to a LL formally requesting the LL's name and address, then agent has to provide this within 21 days of receiving the written request or she would be committing a criminal offence (S1 LL& T Act 1985)

Shelter have a pdf on "Getting Repairs Done" which describe the procedure for a T to get work done and seek recompense from future rent payments. It's more time consuming than is suitable for the current weather conditions and boiler breakdowns.

Contact the Private Sector Housing Officer/Env Health Officer at the local Council today - tell them it's urgent

LL is breaching his S11 (LL&TA 1985) repairing obligations on heating: if a LL/LA cannot get heating issues sorted promptly then they should arrange to provide the Ts with temporary alternative forms of heating both space and water - these can be hired by the day /week.

OP's daughter needs to understand the importance of reporting repairs issues in writing *always* ( and keeping copies) If she needs to hire heaters becuase of LLs lack of action then she should keep the receipts and pursue reimbursement.

Has this LL scheme-registered their tenancy deposit, provided a gas safety cert etc?

Wings

Absolutely agree with the last poster’s comments, Council’s Private Housing section or the Citizen Advice Bureau should have the resources in place to assist the OP’s daughter’s heating problems.

RedBern

quick update - thanks for all your responses which will be useful to daughter if problems persist.

She had a message from flatmate to say that British Gas engineer turned up on Christmas Eve to fix boiler and everything seemed to be working. Daughter had already left to come home for Christmas, flatmate left that evening to go home as well - so hopefully when they return in NY everything will be ok.

Thanks again.

clutton_2

i do hope they left the heating on frost control to prevent frozen pipes...

tbs624

RedBern wrote: »

quick update - thanks for all your responses which will be useful to daughter if problems persist.

She had a message from flatmate to say that British Gas engineer turned up on Christmas Eve to fix boiler and everything seemed to be working. Daughter had already left to come home for Christmas, flatmate left that evening to go home as well - so hopefully when they return in NY everything will be ok.

Thanks again.

Thanks for updating the thread. As Clutton suggests, it's to be hoped that the heating was programmed to be on for a short while each day during the girls' absence from the property to prevent pipes from freezing and a subsequent burst.

Do your daughter & flatmate now have addresses for LL/LA?

RedBern

tbs624 wrote: »

Do your daughter & flatmate now have addresses for LL/LA?

yes they do - she has a copy of her contract which, from googling it - looks like a central mailing address (like a PO Box) rather than an office. Hopefully now the heating is fixed she'll be ok until she sees out the end of her tenancy and can then look for somewhere else.

Thanks again for the advice - I suppose it is all part of a learning process for her.... and me.