Unfit property (so cold) my rights

brooky_agb

Welcome to living in an old house. Ours is Victorian and solid brick. With a BRAND NEW boiler and red hot radiators and the heating on 24 x 7 ours struggles to get to 20 degrees when it gets really cold.

Now with oil prices at 70p a litre its costing us about £240 a month to heat!! We have double glazing and tonnes of loft insulation too.

We just live in one room when its really cold with the wood burner. Don't underestimate how cold solid brick houses are.

Getting a wood burning stove was the best thing we ever did.

princeofpounds

They chose to limit the heating themselves. There was no need for the place to be colder at all.

which is a fair point, but at the time they were probably afraid of astronomical electricity bills.

We also offered oil filled radiators. Cheaper to run and safe to leave on a low setting whilst you're out. Our local toddler group uses a large double portacabin that is heated using this method, costing £80 a month in electricity.

Any method of heating that uses electricty is significantly more expensive than gas, because the GBP/calorific value is much worse. I can't comment on your toddler group much, except to say that a house has more rooms and a much longer period of occupation (10-24hrs vs probably less than 8).

We didn't leave them without heating, and moved as quickly as we possibly could. The plumber worked on bank holidays and weekends to get it done. The tenant chose to have electric backup heating in the lounge rather than gas. It was their choice to have expensive alternate heating there.

I believe that you moved as quickly as you could, but it's clear that you were either poorly prepared or poorly served. As I stated, you don't have any legal obligation to pay any compensation at all.
I have to say I find the whole situation over the lounge heater a bit weird which leads me to think there is a whole other dimension to that part of the discussion.

A reasonable time frame would be one in which we acted as promptly as humanly possible, and that we did.

Yes, in the legal sense. But you must also ask yourself the moral question (how would you like to be treated?) and the business question (what can I do to keep the customer satisfied, or acceptably satisfied to minimise voids at least?).

It's a small, modern, well insulated and double glazed bungalow. It costs a lot less than a draughty old portacabin to heat.

Anything costs a bucket to heat with electricity, and it probably doesn't given size and occupation levels.

Of course the methods I suggested for reasoning compensation are all adjustable given the facts of the case, but I still feel that about a week's rent feels intuitively right. That's a 1.9% discount on the year's rent, hardly giveaway city. Maybe 1% if you feel the tenant actively obstructed you making things right in terms of emergency provision, which is a nice slightly-more-than-token payment and probably similar to the increase electricity cost alone.

You still haven't actually said what the tenant is supposed to have done in terms of misuse?

mar<

Thankyou for that PoP that's very helpful.

clutton_2

mar - i have sent you a private message

tbs624

mar< wrote: »

Thanks for your input tbs624

Originally Posted by tbs624
You did the right thing by offering alternative sources of heat but it may be that your T was concerned by the potential increase in electricity bills. The fact remains that your T was, by your own admission, left without the usual whole house heating system for a month

Not quite. It was their choice to limit the heating. We offered whole house heating. If the tenant declines, is that our fault?

You perhaps missed the word "usual" in my comment above: if you sign up for a property with gas CH you know that your bills will be cheaper than for a house heated by electricity.

mar< wrote: »

Originally Posted by tbs624
Negotiate with your Ts. They pay to rent a property with working whole house heating and, for whatever reason, you have been unable to provide that for a month.

Incorrect. We provided heating. Just more expensive to run heating.

That much wasn't clear from your initial post, which I took at face value:

mar< wrote: »

We just had our tenants heating break down, and they've been without heating for a month. We've tried our hardest to get it reinstated asap, in the end opting to replace the 4yr old boiler. All working fine now and tenant happy with it.

Tenant is asking for compensation now. What should we do?

The difficulty with forum posts is that the original poster has the full jigsaw picture in front of them and the respond posters don't: we can only go on what info you provide.

Ultimately, only you can decide whether you're happy to simply refuse to meet your T part way and run the risk of souring the LL&T relationship. Whatever reimbursement/rent reduction you may agree to you can of course allow for that within your figures for HMRC.

Hope you manage to get a satisfactory resolve for both you and your tenants.:)

mar<

Thanks tbs624

DawnandAl

:(Help!

Forgive me if i have posted in the wrong place but i am new to the forums.
I need some advice urgenly... My daughter and her boyfriend (she works full time he doesn't) moved into a one bed flat ( an older house converted into small flats as cheaply as possibe) last march, it was their first time out in the big wide world (my daughter and i were estranged at the time) they had no idea about renting, bills, etc., well this little flat has proved to be a big headache..she has explained to me that they have had probs since mioving in, Very draughty windows with the seals falling out, very bad mould on several walls, really old storage heaters with covers that barely work and don't heat up the flat, a shower that isn't set up right and the cubicle made of wood which is now rotting, no smoke alarms, and electricity key metre with no readings, oh the list is endless, well she mentioned the heating, mould, windows, and smoke alarm to the letting agent shortly after moving in but nothing was done.. being very naive she just left it. A couple of months later she approached the LA again who then came back and said the LL had financial difficulties. Again she left it there. Back in Nov we had our relationship back on track and i was horrified at what was happening, if only they had guidence in the begging, my husband advised her to put it in writing to the LA the probs. No reply. Dec the heating wasn't working properly and a huge draught was coming in the windows (not double glazed). Another letter(e-mail) was sent stating they wanted a response within 7 days and the work completed by Dec 24th (they were absolutely freezing) Agent came out imediately and agreed with most except mould, said it was normal in old properties, said work would be completed by 24th, not done at all, in comes worst weather ever, Brrrrrrrr! another letter to LA about keeping back rent untill work done hense LA jumping all over them for the rent, threatening with eviction etc., my hubby is now liasing about all this but i am unsure if it is legal and the kids are terrified that they will be kicked out and have nowhere else to go S THEY WILL HAVE BAD REFERENCE from landlords.
what would anyone suggest, the storage heaters our ancient and they are paying £40 a week elec, they were not shown any certificates or anything, they were originally on a 6 month contract which has ended and they not signed another one (Aug 2010).
Please help:sad:

Soz its long winded, I am new at this.

poppysarah

If they get kicked out of a really horrible flat is it a loss?

They're on a rolling contract so they can give a months notice and leave. And that would be my advice.

DawnandAl

They would love to move out but lack funds for a huge deposit and rent in advance, they only have the deposit tied up in this flat, which will only be released when all is well after they leave.
Also they do not have their landlords details to contact him direct, the LA have them over a barrel poor kids.
:j
LA have just been out to fit smoke alarm, temporary fix shower, fix curtain rail, block up (bodge)chimney gaps. Its a start, but they still have lots of other probs.
Advised them to pay their Janurary Rent as the LA has made an effort. Still have bare wires hangi ng out of wall (have red tape around the ends) in shower room , still paying for light in communal hall, still have inches of mould growing up walls etc.,
What are their rights? do they have a right to their landlords details? should the flat have been inspected before they moved in ? should health and safety checks been done prior to them moving in?
Please Please give me some advise, i am trying so hard to help them but i am partially sighted and disabled and can only do so much....

poppysarah

DawnandAl wrote: »

What are their rights? do they have a right to their landlords details? .

Get them to ring shelter.

Or contact council's private sector housing team.