Landlord wont pay for repair

scooby75

Sorry if this is in the wrong section, please move if need be.

My father is a council tenant (run by a housing association). A couple of months ago his gas fire was disconnected because of a problem when it was installed by the council. He has just been told now that if he wants it fixing he will have to pay for it because council cuts means that they are only carrying out repairs they are legally obliged to.

I don't see why he should have to pay for it - it was the council that botched the fitting in the first place. He can't afford to put on the central heating and isnt entitled to benefits at all. I know it's summer time but he has some medical conditions and needs to keep warm. He currently has to put it on for about half an hour a night and in winter it's on most of the day. I'd pay for it just to get it back on but can't afford it.

Can anyone advise please on how to tackle the council?

phill99

Find out who your local councillor is and approach him. I've found that always works as they don't like upsetting the electorate.

scooby75

Didn't think of that - thanks.

lynzpower

Councillors wont have any leverage over a housing association.

The fact is that the council only have to provide "safe" appliances to prevent excess cold. In a way its not the HAs fault he cannot/ will not put heating on.

Many flats only have central heating ( fires are being taken out of many IME)

Is he entitled to Winter fuel allowance?

ormus

afaik councils (and any LL) havent been responsible for items like gas fires for the last 30 yrs or more.
they only have a legal duty to supply a means/method of heating. electric sockets and or a open fire do just that.

scooby75

He's not entitled to anything - his wife earns that bit too much making them worse off than they would if they were both unemployed (and that comes from the assessor who checked their entitlements). Nothing. zilch diddly squat for anything at all (And he's gone through all the appeals but turned down even though every single expert says he is entitled to things like disability living allowance).

Sorry - I'm really angry because my parents have been shafted left right and centre by the government and this is just adding insult to injury.

How can they just decide they won't pay for repairs unless it's required by law? Surely there's an agreement in the tenancy? He wasn't even notified of the change - he only found out when he asked why no-one had called to fix it.

*miaomiao*

This post should probably be moved over to the House Buying, Renting & Selling forum. You'll get better help there. Perhaps a moderator can move it!?!

CaptainKidd

I work for a local council in Scotland, when they installed central heating here they took out all the gas fires due to the CH meating the needs they had to fulfill it also saves the cost of servicing them and such, the odd time a fire does get fitted its an electric one, probably so they have no servicing costs for it.

lynzpower

How can they just decide they won't pay for repairs unless it's required by law? Surely there's an agreement in the tenancy? He wasn't even notified of the change - he only found out when he asked why no-one had called to fix it.

Landlords ( both HA, LHA and private landlords) have a responsibility to make sure the property is not excessively cold. The HA have provided a central heating system, providing it works, then they have done all that they need to if the property is not very draughty etc .

Many fres in council flats that Im aware of started leaching carbon monoxide into blocks of flats

Obvioulsy its better for your parents to have central heating rather than relying on just the lounge fire.

have they checked they are on the lowest tariffs?

iamcornholio

A landlord is required by law (L&T Act 1985) and by contract (the tenancy agreement) to "keep in repair" the fire, to maintain it, and to service it annually (Gas Safety (Installation and Use) Regulations 1998)

This applies to any tenant, whether council HA or private.

Further, the landlord can not just come in and disconnect the fire and just leave it at that without the tenants express consent

So they are legally responsible for reinstating the fire, and your father has been told wrong information - it has nothing to do with cuts or money - there is an obligation as landlord.

You could contact a senior person at the HA - there is no-one senior than the Chief Exec, and make a formal complaint which should be investigated. You can also mention their obligations under the L&T Act and under the tenancy agreement.

Also, a Solicitor will take this matter up on either legal aid or on a no-win no fee basis, and can serve a notice on them within a few days

Another possibility will be to alleged a Statutory Nuisance (under the EPA 1990) - in that the lack of the heating is prejudicial to health. Again a Solicitor would advise (free under legal aid), but if so the HA will have 21 days to rectify the fire or face prosecution in the Magistrates Court (and the negative publicity)

BaldPlumber

iamcornholio wrote: »

A landlord is required by law (L&T Act 1985) and by contract (the tenancy agreement) to "keep in repair" the fire, to maintain it, and to service it annually (Gas Safety (Installation and Use) Regulations 1998)

This applies to any tenant, whether council HA or private.

Further, the landlord can not just come in and disconnect the fire and just leave it at that without the tenants express consent

So they are legally responsible for reinstating the fire, and your father has been told wrong information - it has nothing to do with cuts or money - there is an obligation as landlord.

You could contact a senior person at the HA - there is no-one senior than the Chief Exec, and make a formal complaint which should be investigated. You can also mention their obligations under the L&T Act and under the tenancy agreement.

Also, a Solicitor will take this matter up on either legal aid or on a no-win no fee basis, and can serve a notice on them within a few days

Another possibility will be to alleged a Statutory Nuisance (under the EPA 1990) - in that the lack of the heating is prejudicial to health. Again a Solicitor would advise (free under legal aid), but if so the HA will have 21 days to rectify the fire or face prosecution in the Magistrates Court (and the negative publicity)

Where do you get your information?

The landlords responsibility is to get a qualified person to annually check each gas appliance. If it is proved to be dangerous, then it can be permanently decommissioned, thereby making it no longer a gas appliance.

It is perfectly permissible for a space heater to be decommissioned if there is another adequate form of space heating provided.