Advice On Private Rental Please

lancsman_2

I have tried searching through the threads but not found anything similar to the problem I have.

We took a private rented property in November 2006. Standard Assured Tenancy Agreement.

We have had lots of problems with the landlord failing to fix the boiler for hot water/heating. At one time in January we were without for 2 weeks. They have also failed to provide a gas safety certificate. Constant requests tried my patience and I reported them to the HSE.

We arrived home last week to find the house is up for auction. A bit of enquiring from the auctioneers website shows me the auction is next week.

The boiler has broken down again and the landlord implied they are not going to fix it because the house will be off their hands next week.

Apparently the process of exchange to a new buyer could take 6 weeks during which time we will have no hot water/heating.

Can I do anything ?

Also what will happen to the deposit, will it be passed on to the new owner ?

dealornodeal_3

The way I see the situation, is your Landlord is responsible until the exchange of Contracts! He is still collecting the rent. You can contact him and give him an ultimatum, either he repairs the Boiler or you will. And subtract it from the rent, and send him a photocopy of the receipt. Keep copies of all correspondence!

kittiwoz

You could threaten to attend the auction and harangue the potential buyers unless your landlord sends the plumbers round before then.

Guy_Montag

I would write to the LL explaining to him he has three days to fix the boiler before you will arrange for it to be fixed at his expense.

(Also the house may not sell at auction, so it may be some even longer before the boiler is fixed).

thesaint

If the landlord says that he isn't responsible, then pay no further money until you find out who is responsible.

Keep your tenancy agreement that states how much deposit you have paid.
Whether the deposit is held by the old landlord or by the new one is not your concern, the new one buys the property with you in it.

Have you confirmed it is up for auction? You should've had viewers around and a 'For Sale' sign up. If you do have viewers, make them aware of the problems with your heating.

silvercar

When does your tenancy end? It may be that the landlord is selling the property without you in it and will give you notice as soon as he gets a buyer. even 12 month tenancies often have 6 month break clauses.

olly300

lancsman wrote: »

The boiler has broken down again and the landlord implied they are not going to fix it because the house will be off their hands next week.

Write a letter to the landlord stating exactly what he said to you with approximate times and date i.e. he is not going to fix the boiler because he is selling the property. Inform the landlord that due to day and night temperatures of xx and xx degrees as per the MET Office (use the bbc website for the actual temperatures) you are going to get a written quote for the work and get the work done within 4 days unless he does it, you will then purse him for the cost of the work. If you have small children or anyone vulnerable in the household state this as well in the letter.

Keep a copy of the letter.

Then take the money out of the rent you owe him but make sure you send him the bill. Keep a copy of this letter.

If he then keeps your deposit or deduct the amounts from your deposit purse him in the small claims court.

If your landlord changes you get the deposit back of the new landlord.

Your landlord may just give you 2 months notice to quit when he receives the letter but you can still make sure the boiler gets fixed.