Rented house - broken boiler

Allenkatie

Hi all!
After some advice for me and my housemate. We currently rent a house between us, costing £700 a month. We have had broken boiler for the past month, and it's driving us mad! At first it was disconnected for 2 and a half days, since then it has been at risk, meaning we can use it but with caution. We can use hot water for short periods but if we have the heating on for longer than 30mins all the carbon monoxide detectors play up! They are finally coming to fix it Wednesday or Thursday this week, but are we entitled to have some rent back for this? We have both had to go home to our parents last weekend just to keep warm!
Our landlord is in Hong Kong and has been for months, so would like to compile a good email for getting our point across, so any pointers for makin our case would be awesome!
Thanks
Katie and Sam

Fire_Fox

Welcome! It is well worth running an advanced search, these issues come up regularly.

Do you have an address in the UK on your tenancy agreement for serving notices on the landlord? This is a statutory requirement, without this your rent is not due (but you must save it up if you choose this path). If you have such an address you should write to your landlord using it, by all means copy to his Hong Kong e-mail address. There are template letters on the Shelter website.
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/reporting_repairs_to_a_landlord

Do you have a copy of the landlord's gas safety certificate? I am very concerned about your carbon monoxide monitors going off, IMO contact Environmental Health at the local council urgently: also the Health and Safety Executive if you do not have a gas safety certificate. It may be that EH deems your house uninhabitable or they can enforce repairs on the landlord. They *may* advise you to withhold rent and repair the place yourself or move out.

becominganobsessivesaver

No advice on the legalities but DO NOT USE THE BOILER! It is not the carbon monoxide detectors playing up, it is you boiler emitting dangerous levels of carbon monoxide. This could kill. It may be worth turning your gas off at the meter.

G_M

Although I agree with both the responses above, there is information missing.

You imply, but do not say for sure that you have reported the problem.
*Who to?
*Landlord? UK agent?
*how?
* when?
* how many times?

You also imply that someone has inspected the boiler
* who? A gasSafe engineer?
*when?
* how many times?
* with what result (ie he is waiting for parts)?

If a gasSafe engineer has inspected, and passed it as safe to use (albeit with caution, whatever that means) the CO alarms should not be going off.

Depending on your responses to the above, and reading between the lines, it DOES appear that your LL/agent has responded, is dealing with the problem, and that it will shortly be fixed.

Given on top of that, that you CAN use the boiler, (albeit with caution/occassionally) so have hot water, I do not think you have any cause to complain.

These things happen. Boilers break down. What matters is whether, and how quickly/efficiently, the boiler is repaired.

becominganobsessivesaver

'Given on top of that, that you CAN use the boiler, (albeit with caution/occassionally) so have hot water, I do not think you have any cause to complain.'

I'm sorry but I have to disagree with this comment above. If the carbon monoxide detectors are going off I think safety first, and to use it in any capacity is not worth the risk.
I hope it all gets sorted for you this week OP. Thank goodness you have the alarms!

tbs624

OP - your LL has a *statutory* obligation to maintain the means of heating water and space at the property. The LL has to effect repairs within a "reasonable" time but they should provide you with alternative means of heating the property and the hot water ( can be hired by the day/week)

If your CO detectors are going off you should stop using the boiler full stop and call Transco out.

If you can't get resolve then talk to the local Council - the Env Health Officer and/or the private sector tenancy relations officer can help you with this. Read up on a LL's legal obligations at Shelter and at the HSE website.

Do note the comments above about you having an address in Eng/Wales at which notices relating to the property may be served.

On a separate note, if your LL is out of the country on more than a temporary basis and has not registered with HMRC under the Non Resident LL scheme, if you are paying rent direct to his bank a/c then you, as the T, may have an obligation to deduct income tax.

G_M

becominganobsessivesaver wrote: »

'Given on top of that, that you CAN use the boiler, (albeit with caution/occassionally) so have hot water, I do not think you have any cause to complain.'

I'm sorry but I have to disagree with this comment above. If the carbon monoxide detectors are going off I think safety first, and to use it in any capacity is not worth the risk.
I hope it all gets sorted for you this week OP. Thank goodness you have the alarms!

I agree, but that is why I sought more info.

It seems strange to me that someone, apparantly a gasSafe engineer, has inspected the boiler and allowed its continued use.

C_Mababejive

AT RISK does not mean you can use it. It is an offence under the Gas Safety Installation and Use Regs to use an appliance you know or suspect to be dangerous.

G_M

C_Mababejive wrote: »

AT RISK does not mean you can use it. It is an offence under the Gas Safety Installation and Use Regs to use an appliance you know or suspect to be dangerous.

Thanks.

Though the OP then said

since then it has been at risk, meaning we can use it but with caution.

so I wonder what exactly he was told and by who.

I also thought the engineer had to put red tape all over if it was dangerous and not be used...??

However I agree if the CO alarms are going off, using it is dangerous.

rpc

G_M wrote: »

It seems strange to me that someone, apparantly a gasSafe engineer, has inspected the boiler and allowed its continued use.

It is beyond strange.

No gas safe engineer who wants to keep his registration will allow a boiler with a CO problem to remain in service. I believe the proper protocol is to isolate either the appliance or the supply and use copious quantities of red tape.

Did you see the engineer's gas safe registration card? Always insist on this before letting anyone touch anything gas.

C_Mababejive

http://www.google.co.uk/url?sa=t&rct=j&q=gsiur%20at%20risk&source=web&cd=1&ved=0CCIQFjAA&url=http%3A%2F%2Fwww.gassaferegister.co.uk%2Fpdf%2FGIUSP%2520Edition%25206%2520-%2520publication%2520web%2520version%2520V1%25201.pdf&ei=i8uPUL_rEMOo0AW95oHYAg&usg=AFQjCNEcRFQ3OlEYfeWchXuS-dNn3Vle8w&cad=rja

Scroll down..page 18

It may be that the GSR has decided its AR instead of ID.

We dont know what or what the circs are.

CO alarm tooting doesnt necessarily mean CO.

GSRs do not have legal powers to enter and disconnect without occupiers /owners permission.

Sometimes where landlords are concerned,there is a conflict of interest between what is right and what keeps the work coming in from LL.