Suing my ex landlord for breach of Landlord & Tenant Act

redhotitfc

Hi,

In November 2011 I reported to my landlord at the time that the boiler wasn't working properly and wasn't supplying hot water almost every time I turned the tap on. It took 6 weeks for her to send a plumber out who came 3 times and was meant to come back a final time to fix a broken part. The landlord never paid the plumber so he wouldn't come back and I found that out months later.

She would ignore my emails and fob me off saying she would get it fixed then not hear nothing from her. She then said in March she would come over to the UK in May as she lives in Australia but wanted us to move out for two weeks with no offer of alternative accommodation. I felt this was unworkable and told her it was unnecessary for her to come over to fix it she just needed to get a plumber out.

She still didn't and told me not to pay for the repairs myself and take it from the rent as it might mean I forfeit my deposit.

In May she then gave us notice of eviction as she obviously was not going to pay for the repairs and I had another email from the estate agents at the time telling me she had agreed to pay the plumber and it would get fixed for the final two months of my contract but it still was not fixed.

At the end after 7 months of trying to get it done and failing for fear of losing my deposit I left with the boiler still not supplying hot water almost all the time.

When I threatened to go to the local council housing department it was around that time she served notice of eviction.

I have all the emails as evidence from her and the estate agents for the info above.


I was paying for a fully furnished flat and as I didn't have use to all facilities I want compensation for that. I believe she broke this:

(Section 11, Landlord and Tenant Act, 1985)

The Landlord's Responsibilities

The landlord is required to keep the property in good repair throughout the tenancy, so that it remains up to the standard it was at the start of the agreement. If the property was not in good repair at the beginning of the tenancy the landlord may be required to repair these aspects. However, ‘to keep in repair’ does not refer to the landlord having to make significant improvements to the property, to suit the tenant.

Interior

The landlord is responsible to maintain installations for the supply of:

Water

Gas (servicing once a year by a registered CORGI gas fitter)

Electricity

Sanitation

Space heating and heating water

This would include cisterns, radiators, boilers, heating ducts, water tanks, baths, sinks and all the pipes for gas and water as well as electrical sockets and wiring throughout the property.

Do you think I have a case?? I was thinking of trying to negotiate first a percentage of the monthly rent for each month the boiler was not working.

Thanks peeps!

sequence

It's too late now you've moved out. You won't get anywhere now. But for future reference you need to be harsh with landlords like this, if they won't comply. Give them a reasonable deadline, if they don't fix it by then, follow the correct procedure to deduct the repairs from the rent (see shelter website for this). You must follow the right procedure though, or you might end up paying!