Unfit property (so cold) my rights

tbs624

Ash_Vanguard wrote: »

Hi all
me and my lady moved into a lovely old style house last summer and all was well till the temperature dropped, the house has been unlivable, you can see your breath in most rooms and the washing up water constantly freezes. The heating does work but it doesn't heat the house at all really, in order to be happy in a room you need two heaters AND the central heating on.
what are our rights? the combined bill is going to be so big and i feel it's unfair on us as the rent is also expensive. We are the first people to live in this property since the owners moved out, i also think we should have been told just how cold the property gets.

Did you *ask* any questions about the heating? Were you given a copy of the EPC and/or did you ask to see the LL's/previous occupant's utility bills?

Have you bled the radiators? Has the heating system been subject to a safety check and/or a service? Do you have an instruction booklet on how the heating system works and how to "tweak" the controls?

You need to put all repairs & maint issues in writing to the LA, keeping a copy for your own records. You can also try contacting the LL direct- LA is legally obliged to provide LLs name and address if info is requested by you in writing ( they have 21 days in which to do so) or you can download th einfo from the Land Registry for a small fee.

Many people are finding that their heating systems are proving less than adequate in the extreme temps of the past couple of weeks but your LA should be arranging for the system to be checked out. The LL has a legal responsibility to maintain the heating system for both space and water is good working order.

Note that repairs and rent are separate issues. Take temperature readings in different parts of the property at different times of the day and *insist* in writing that the LA/LL gets along to arrange for the system to be checked.

You may also want to alert your LL to the LESA ( LLs Energy Saving Allowance)

You can ask the local Council's Env Health Officer to arrange for the property to be inspected under HHSRS (Housing Health and Safety Rating System) - search for the "evict a rogue LL" thread on here as there is an example case of properties in Norwich where the heating has been held to be inadequate.

Just seen - wooden floors/sash windows. You need rugs , curtain linings, draught proof cling film stuff. If you have access under the floor via a cellar, try securing insulation stuff with garden netting to the underside of the floor. There is a thread over on the Old Style Board - hardy creatures who are competing on how long to go without heating All manner of suggestions on there.

lovethymini

We learned our lesson the hard way last winter when we discovered the detached house we were renting had very little insulation, was very draughty and was absolutely freezing, and the cheap laminate flooring in the hall and kitchen was as cold as ice.

We gave notice and moved out as soon as the contract was up, informing the letting agents and new tenants of our experience.

Oldernotwiser

Is this the first time you've lived independently and had to pay your own bills? It can come as a shock to young people to find that electricity isn't free and that it's cheaper to wear more clothes when your parents are no longer paying the bills.

tbs624

Ash_Vanguard wrote: »

Sadly no we werent shown a certificate

If your LL has failed to provide an EPC then s/he may be slapped with a couple of hundred quid penalty by the local Trading Standards Office. All properties in Eng/Wales have to have one for any property let to a new T after October 2008 and the potential T should be shown the EPC priior to them signing up for the tenancy.

tbs624

Oldernotwiser wrote: »

Is this the first time you've lived independently and had to pay your own bills? It can come as a shock to young people to find that electricity isn't free and that it's cheaper to wear more clothes when your parents are no longer paying the bills.

It's funny that, isn't it? Some of my kids have been observed actually switching things off when they leave a room, now that they are in their own homes...;)

Hammyman

tbs624 wrote: »

If your LL has failed to provide an EPC then s/he may be slapped with a couple of hundred quid penalty by the local Trading Standards Office. All properties in Eng/Wales have to have one for any property let to a new T after October 2008 and the potential T should be shown the EPC priior to them signing up for the tenancy.

I doubt an EPC certificate would mean much to them or most tenants.

princeofpounds

None. There is no automatic right to a warm house.

False.

All properties have to meet the standards of the housing health and safety ratings system (HHSRS) which is what the environmental health dept at the council enforce. Cold is specifically one of the issues that it covers, and whilst you aren't entitled to a particularly comfortable level of warmth you are entitled to not be endangered. Look it up on the web and the guidance notes will explain all.

However, the landlord only really has to supply you with extra sources of heating like a couple more £40 electric fan heaters, so it's not necessarily going to help your bills to get an EH inspection in.

Plus getting outside authorities involved without consulting with the LL first tends to upset any LL/T relationship and given you appear to be on a statutory periodic contract now your security of tenure is only two months' rental periods.

On the plus side, you only have to give one month's rental period notice, so you can leave as soon as you find somewhere nicer.

My advice? Firstly speak to the LL (follow up with a letter), maybe take some measurements so you can talk in factual terms (i.e. bedroom is x degrees even with heating on, check if it breaches HHSRS and mention that). Don't let on you are considering leaving at this stage.

LL might be willing to invest in some improvements to insulation and heating if it turns out to be an issue that will keep forcing tenants out. They might also be able to benefit from a couple of grant schemes (like warmfront?) that softens the cost.

If the landlord's reaction is bad, I would suggest looking for a new place and/or calling in environmental health at that point. So any necessary works will have to be done whether you are there or not.

tbs624

Hammyman wrote: »

I doubt an EPC certificate would mean much to them or most tenants.

Tenants are of course all way too thick to understand an EPC?

It's not that hard - it's pretty obvious that a property rated a D or E will costs more to keep warn than one rated C on the pretty bar chart.

My own views on EPCs have appeared in a number of threads but the fact is that the law says a LL *must* provide one.

Most of us would use a previous occupant's bills plus whether or not the property has decent roof insulation, double glazing , is terraced or detached etc as a guideline to likely heating costs. The fun will start when it becomes compulsory for a LL to upgrade their property in line with a DEA's *recommendations"

silvercar

tbs624 wrote: »

Tenants are of course all way too thick to understand an EPC?

It's not that hard - it's pretty obvious that a property rated a D or E will costs more to keep warn than one rated C on the pretty bar chart.

Is that true? Or could it be that the better rated property is fitted with dud low energy light bulbs etc to get a better rating?

missile

Ash_Vanguard wrote: »

Sadly no we werent shown a certificate and we arent entitled to anything as im a student and my girlfriend works and we are both in our 20s, missile what do you mean? we had a 6 month contract that finished and now since we haven't signed anything further im guessing its switched into a rolling contract. its just so annoying though, ive never lived in a 'pretty' house before always modern carpeted ones not these hip wooden floors/old style sash windows etc. never again
thanks for the help thus far

Old houses are difficult to heat and cost more to maintain.

A student with a working girlfriend to support you. Wish I had done that when I was younger :rotfl: