Tenants rights -facts please!

relhuk1

Hello,I am renting and the boiler has been on and off out of action for nearly a month.
The repair guy (via LA) has been doing his best but it seems to be one thing after another as its a cheap and 'nasty' boiler. being an unusual make the parts take time to come and then the repair guy has to fit us into his busy schedule.
The reapir man had told the LL that it is of 'low quality' ( He actually called it something else!) and would be best replaced. The landlord refused and claims it is only 4 years old and fine.

However, this is getting beyond a joke now -we've had a working boiler for at best, 4/5 days from the past month before something else goes wrong. Boiler man came yesterday to fit a new part and it was working fine until a part he replaced last week failed last night.
BUT (very big but), the LL has not renewed our housing agreement for about 2 years so if we threaten to withhold rent for new boiler etc there's no breach of tenancy as there is not one in place. Is this correct, and the best way forward?
Please only advise if you know for sure, thank you.:(

Wyndham

If you are paying rent and living there, there is a tenancy in place. I'm not sure of the exact legal phrasing, but it's something like 'assumed tenancy'. If they wanted to evict you, it would work in your favour as they'd have to give proper notice etc.

If you're fed up, then maybe it's time to move? Or tell your landlord you will, and, assuming you are good tenants, then he may decide to fix the boiler after all...?

G_M

Assuming England/Wales (and a few othr things) your original fixed term Assured Shorthold Tenancy (AST) ended 2 years ago and automatically became a (probobly monthly) Periodic AST. Perfectly legal and very common.

It will continue for ever or until you give the LL a months notice, or he gives you 2 months.

You are entitled to heating. And the LL must be reasonable in getting repairs done. What is 'reasonable' is debatable. He appears to be sending in an engineer when needed.
Unless th engineer actually condemns the boiler there is no requirement on him to replace it, and if 4 years old I can understand his reluctance.

Boiler man came yesterday to fit a new part and it was working fine until a part he replaced last week failed last night.

Hardly the LL's fault if a brand new part fails - all the LL can (should) do is complain to the engineer and get it replaced asap.

However if you mean it has only worked for 4/5 days out of 31 (or do you mean 4/5 days following each repair?) then you need to write to the LL with your concerns. You can certainly ask for a new boiler - but not demand one. You can ask for an altrnative source of heating for when it is not working too. And you could ask for a rebate in rent - though again you can't demand this.

Balance this against your tenancy situation. You can be given two months notice at any time now that your tenany is periodic. You need o decide what you want: to stay long term, in which case diplomacy is the way forward, or to move somewhere with a better boiler (and/or landlord?) in which case you can afford to be more pushy - but start house-hunting too!

relhuk1

Thanks for the speedy replies so far.
The problem is its a cheap 4 bed property ( I guess the LL knows this) so its difficult to find one in a similar price bracket.

But, calling his bluff could indeed help - I will inform the LA we are looking and see if this sways his thinking. He put it on the market about 18 months back and we had packed all the boxes and panicked into finding another house only to be told at the very last minute he had changed his mind!!! (probably heard about the recession!) So we owe him a favor.....

relhuk1

Hello,I am renting and the boiler has been on and off out of action for nearly a month.
The repair guy (via LA) has been doing his best but it seems to be one thing after another as its a cheap and 'nasty' boiler. being an unusual make the parts take time to come and then the repair guy has to fit us into his busy schedule.
The reapir man had told the LL that it is of 'low quality' ( He actually called it something else!) and would be best replaced. The landlord refused and claims it is only 4 years old and fine.

However, this is getting beyond a joke now -we've had a working boiler for at best, 4/5 days from the past month before something else goes wrong. Boiler man came yesterday to fit a new part and it was working fine until a part he replaced last week failed last night.
BUT (very big but), the LL has not renewed our housing agreement for about 2 years so if we threaten to withhold rent for new boiler etc there's no breach of tenancy as there is not one in place. Is this correct, and the best way forward?
Please only advise if you know for sure, thank you.:(

---

UPDATE.

No boiler repair yet -worked out its now SIX WEEKS from the initial breakdown and we have not had a working boiler for more than 4 consecutive days within that time.

After contacting the LA I can confirm it is indeed a rolling monthly tenancy agreement.

However after prompting them with that question, they remembered I had to sign a new agreement as they had merged with a bigger company (Martin and Co) so now required a new one etc.
So a girl is coming tomorrow to witness my signature on the new agreement.

However, I am NOT signing it until:
1. The boiler is serviceable again for more than 4 consecutive days (or replaced...as if)
2. The Landlord 'knocks off' at least £100 of the rent this month due to a £240 gas bill I have just received. (Our only source of heating is one gas fire and a convector heater) The gas fire has been on for approx 18 hours per day to provide some warmth for 3 year old and other kids. Yes, I understand he is not legally obliged to do this but come on! he fitted a 'sub-standard boiler into the property in the first place' -according to the corgi registered heating engineer.
Is it fair that I should foot the bill for alternative heating due to this 'cheap and nasty boiler'?

The delay factor exist due to landlord working away on the 'rigs' and the LA needing his permission to act. His wife is of little use and says "they should ask her husband". I read somewhere in situation such as this it comes down to a common sense decision being made by the LA under health and safety aspects.
I have not seen too much common sense emerge on their part so far.
Now I guess, the 'experts' out there will point out my breach of tenancy, however, lets examine the facts first:
My tenancy agreement included a working boiler and hot water etc.
I have been more than reasonable in waiting for repairs (I think 6 weeks without complaining is pretty fair on my part)

I'm sure there must be an Environmental health issue here too regarding young children?

We are also viewing another property on Monday next week.;)

lighting_up_the_chalice

If you think there are "environmental health" issues, then get "environmental health" involved.... they would know.

Get in touch with your local Council. They will have a department (usually part of EH) who deal with private tenancies. They will probably send an officer round to inspect the boiler and will give the LL a definitive time-frame in which to effect repairs. If he fails to do so, sanctions can be applied. Ultimately, the Council can effect repair themselves and re-charge the LL.

The Shelter website also has some good advice regarding repairs and your rights.

The legislation is there to protect you. However, YOU need to access and implement it.

DVardysShadow

relhuk1 wrote: »

However after prompting them with that question, they remembered I had to sign a new agreement as they had merged with a bigger company (Martin and Co) so now required a new one etc.
So a girl is coming tomorrow to witness my signature on the new agreement.

There is absolutely no need to sign a new agreement. The agent will try and charge you more fees. Just don't, it will complicate matters and leave you without the option to move if the problems are not sorted to your satisfaction. At the moment probably your strongest card is the ability to give notice. Although if you don't sign the agent might give notice. If that happens, you should check with the LL to see if he knows about it.

dimbo61

Tell the nice lady from the letting agents to do one!
I will only speak to you once the boiler is fixed END OF STORY.
Do NOT Sign anything
GOOD LUCK

G_M

Yup - do NOT be pressured into signing a new contract. There is no need to, and the agency's 'policy' is irrelevant. Their 'policy' is to make profit, an creating and charging for unecessary new contracts is profit-generating.

Let them come and visit, but use the opportunity to give them a hard time over the boiler repair and to demand a time-frame for fixing, rather than sign anything.

After the visit, write to them, thanking them for their visit, repeating your complaint re the boiler and re-iteraterating that you are happy in the meantime to continue as on a periodic tenancy.

dimbo61

If you have a mobile phone record what the agent tells you or just ring her up and cancel the appointment.
Put your request in writing stating that the boiler has not worked for the last 6 weeks
Ring the council

tbs624

relhulk1 -the pushing of a new Fixed Term agreement is likely to be so that:

(a) the LA can seize the opportunity to slap both you and the LL with a "renewals fee" As DVS says
(b) you wouldn't be able to up and off at short notice because of the LLs failure to comply with his statutory repairing obligations, leaving the LL with a potential void and the LA with no continuing commission

The fact that the LA has merged with a larger company does not in itself necessitate a switch from a pre-existing statutory periodic agreement. Some tenancies continue as SPAs for a number of years.

Note that in the unlikely event of you being happy to sign their new FT agreement, they should be timing it with the expiry of one of the monthly rental periods.



Your LL is clearly failing to meet his statutory repairing obligations - see S11(1)(c) of the LL and T Act 1985.

(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor.........

(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

My bolding. If LL cannot get repairs/replacement sorted within a reasonable time then they should at the very least be providing alternative means of heating both space and water ( appropriate equipment can be hired by the day/week/month and the costs can be set down on a LLs's tax return.)

The local Council will have a private sector tenancy relations officer who can help you with this. They are always busy so you will need to be persistent.

Unfortunately, some LLs will go for a retaliatory eviction after Ts have pushed on repairs issues but the fact that the LA is seeking a new FT suggests otherwise here.

However.......

G_M wrote: »

It will continue for ever or until you give the LL a months notice, or he gives you 2 months.

.. or acts on a valid S21, served earlier in the tenancy.

OP- have you already been served with a s21 notice of intent to repossess at any point? ( some LLs issue one routinely) If yes, was it served after the tenancy agreement was signed and after any tenancy deposit you paid was scheme registered and the scheme's prescribed information passed to you by the LA/LL? (if not S21 would be invalid)