Help please re: problem with boiler/heating repairs

Lou67

Ok, so this isn't a massive issue YET. But it may be soon and I would appreciate some advice. Thank you.

We rent privately, and our landlady uses a property agent. She has taken a while to do repairs on a few occasions. She took about 9 days to fix our shower when we have no bath, and she took about 3-4 months to fix leaks by the back door, and the carport, and she has never fixed the back toilet door, the electric panel is ancient, and the place does not have many radiators for the size of the house. But we do like the house, although we are going to move when the tenancy ends in 4 months or so, as it is a cold house, and the rent is rather high.

ANYWAY, the boiler packed up yesterday, it just went 'pop, bang,' and the whole house went 'bang thud shudder.' And then the boiler went OUT. The gas board came out today, and said that the boiler is rather old and needs replacing and they don't think they can fix it. He said he is going to go back to his office on Monday, to see if he can get this part that will fix the boiler, but if not, it will need replacing!

Well, it took 4 months for the landlady to fix the leaky carport roof, and the 'leanto' area near the back door that kept getting flooded, because she 'couldn't afford' the two hundred quid for it, so I am damn sure she is not going to pay two GRAND for a new bloomin' boiler.

We haven't spoken to the property agent about all this yet, (although they know that the heating is down, as we reported it to them yesterday, when they gave us the gas contract number to ring.) We want to see what British gas say on Monday before saying anything to them.

But if they *do* say that the boiler needs replacing, what can we do if the landlady drags her feet, or maybe even says no to a new boiler, and claims she has no money to do it? It's one thing to have a leaky carport for 4 months, and to have a leak coming in the back area (by the back door) causing a puddle everytime it rains, but having no heating or hot water is a different matter. This is a big old house with no cavity wall insulation or anything, and it's FREEZING.

My hubby said that if she refuses or keeps dragging her feet, he will actually get someone to replace the boiler independently, and withhold the rent in late November when it's due and for 2 months after, to cover what it cost! But can we even do this? And will it not wind up the landlady and property agent? and make them refuse to renew our tenancy next year when it's up? And we will struggle to get a reference from them if we have narked them off, and may not be able to get anyone else to house us. And what's more, as I said, are we even *allowed* to withold rent? I don't want to do this, but the landlady can't keep us with no heating surely?

Any advice would be welcome. I am hoping that British gas can fix it, but I am worried what will happen if they can't. The property agent are a tad toothless - and everytime my landlady has dragged her feet, they have not done much. They just keep emailing her to remind her what needs doing, instead of telling her it needs doing.

Fire_Fox

It's worth running an advanced search, this issue comes up regularly.

Do you have copies of the landlord's safety certificates? Have you written to the landlord reporting all these issues using the address at which to serve notices on your tenancy agreement? If you have contact Environmental Health at the local council, they can enforce any repairing obligations that affect your health or safety. DO NOT withhold rent unless specifically advised to do so by EH or a solicitor or other authority, this puts you in breach of contract. If you get two months behind in rent the landlord can evict you, even if in the fixed term. If you pay rent monthly you are two months behind the day you miss the second payment, ie. one month and one day.
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets

Lou67

Fire_Fox wrote: »

It's worth running an advanced search, this issue comes up regularly.

Do you have copies of the landlord's safety certificates? Have you written to the landlord reporting all these issues using the address at which to serve notices on your tenancy agreement? If you have contact Environmental Health at the local council, they can enforce any repairing obligations that affect your health or safety. DO NOT withhold rent unless specifically advised to do so by EH or a solicitor or other authority, this puts you in breach of contract. If you get two months behind in rent the landlord can evict you, even if in the fixed term. If you pay rent monthly you are two months behind the day you miss the second payment, ie. one month and one day.
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets

Hi Firefox

I haven't actually written to them about anything, because to be honest, there isn't anything that is unsafe about the house, (the landlady and property agent make sure of that,) it's just annoying and niggly little things... and they are pretty Ok to get on with and all that, and I really don't want to upset anyone or make waves... but I wonder, what is the longest that a landlord could make a tenant go without heating?

And also, thanks for the advice about withholding rent. I wouldn't want to do that anyway. My hubby can be rather arsey with folk sometimes, and I feel he will cause a massive fuss if this landlady drags her feet AGAIN and leaves us in the cold.

G_M

WRITE to the LL at the address provided.

Lou67

G_M wrote: »

WRITE to the LL at the address provided.

Hi GM. Sorry what do you mean? Write to the LL, and what is the LL? And at what address? and what should I say?

I was really wondering how long they can leave us without heating, if the landlady drags her feet?

Fire_Fox

Lou67 wrote: »

Hi Firefox

I haven't actually written to them about anything, because to be honest, there isn't anything that is unsafe about the house, (the landlady and property agent make sure of that,) it's just annoying and niggly little things... and they are pretty Ok to get on with and all that, and I really don't want to upset anyone or make waves... but I wonder, what is the longest that a landlord could make a tenant go without heating?

You should be formally reporting all problems with the property to the landlord, it's part of 'acting in a tenant like manner'. Not just the health and safety ones, but anything that could deteriorate or cause damage to the property (eg. any water ingress), compromises the security of the property or anything you could be blamed for/ charged to your damage deposit. Heating and hot water are considered to be health and safety issues and EH definitely deal with these, get them to look at the electric panel (safety) and toilet door (hygiene = health) whilst they are inspecting.

Lou67 wrote: »

Hi GM. Sorry what do you mean? Write to the LL, and what is the LL? And at what address? and what should I say?

I was really wondering how long they can leave us without heating, if the landlady drags her feet?

LL = landlord/ landlady. As already stated the address at which to serve notices on your tenancy agreement.

Lou67

Thanks again firefox.

The property agent are aware of all these issues though, and when we moved in 2 years ago, we highlighted them, along with many others. The house had been left a sh1thole by the previous tenants, and many things were fixed: loose wires, leaks, holes in the walls, doors hanging off. Even mould, was reported.

However, the bits and bobs left, (that I have mentioned,) are not considered as 'urgent issues.' The agent are aware of everything (and so is the Landlady,) and we all went around together when we moved in, and all the things wrong were logged...

They were aware of the leaks out back and on the carport, and these have now been fixed. But it tooks MONTHS.

So we have always done our duty as tenants 110%. So I wouldn't actually have anything to write about.

The issue is that the landlady tends to drag her feet with things, but when I *have* mentioned this to the agent, they say that she isn't doing anything wrong and that she fixes things as quickly and urgently as she can. But the second part of the issue is what if she refuses to replace the boiler? (If she is told she needs to?)

Is the advice for me to contact EH at the council then? And is this a health and safetly issue? Having no heating and hot water?

Werdnal

With respect, you have been told the advice here at least twice already:

WRITE TO THE LANDLORD!

Write asking her to address the boiler failure within 7 working days, or you will take the lack of heating/hot water issue to the EHO for advice.

If you are relaxed enough to not report it correctly in writing, why moan about the landlady's equally relaxed approach to repairing these things.

It is all very well saying the letting agent knows about these things, but they are not the ones footing the bill for repairs, or ultimately repsonsible for maintaining the property. You need to make a fuss and make it officially in writing, giving a deadline for repairs to be arranged.

If you resign yourself to the fact that the landlady doesn't bother so why should you, I fail to see why you have come here asking for advice in the first place?

Lou67

Werdnal wrote: »

With respect, you have been told the advice here at least twice already:

WRITE TO THE LANDLORD!

Write asking her to address the boiler failure within 7 working days, or you will take the lack of heating/hot water issue to the EHO for advice.

If you are relaxed enough to not report it correctly in writing, why moan about the landlady's equally relaxed approach to repairing these things.

It is all very well saying the letting agent knows about these things, but they are not the ones footing the bill for repairs, or ultimately repsonsible for maintaining the property. You need to make a fuss and make it officially in writing, giving a deadline for repairs to be arranged.

If you resign yourself to the fact that the landlady doesn't bother so why should you, I fail to see why you have come here asking for advice in the first place?

Hang on a minute. I was just coming on here to find out what I should do IF the landlady refuses to pay out for a new boiler should British gas say we NEED one.

It only broke down YESTERDAY! I was just asking what I would do if she drags her feet with THIS issue. There is really no need to be so rude. I am not making a 'fuss' about the repairs, I was just saying that the things that NEEDED doing took a while to do, and the agent just said that they were not urgent, and the one that WAS urgent, the landlady got done as soon as she could. All I was here for was to ask what I would do if she drags her feet with the boiler issue as she has done in the past! I am not saying there are any other big issues now!

Don't try and make me out to be some kind of simple spineless whingebag. I was just trying to explain myself as best as possible, and you've misunderstood me, and are speaking to me like I'm a fool. I've noticed that happens a lot on here!!! I think some people are too busy waiting to jump on people and have a go, to actually read and understand what the poster is actually saying!

I'm off! I've found out what I needed to (just about...) Thanks firefox. If she does not do anything about it, I need to write to her (not the agent,) and give her seven days to get it sorted, and then call EH if she does nothing.

tbs624

(Edit : oh dear looks like OP has logged out, however in case she returns or reads offline...)

LL has a statutory obligation to keep the systems for heating both space and water at the property in good working order.L

The LL has to get repairs seen to within a "reasonable" period of time which would be shorter at this time of year. LL can and should hire temporary forms of heat for both the space and the water - see firms such as HSS etc. These can be hired by the day/week and LL can of course set the costs down on their tax return.

The boiler *may* be repairable, despite the initial BG assertions.

As the others have said, it is important that you have a paper trail on repairs and maintenance issues - it's not about being confrontational. If report is made by phone in the first instance follow it up with a letter confirming what was discussed/agreed.

If LL is slow to act then you may need to get the local Council EHO to arrange an HHSRS inspection. (Housing Health & Safety Rating System) . Keep records of the room temperatures at different times of the day whilst the matter is being checked out.

Fire_Fox

Lou67 wrote: »

Thanks again firefox.

The property agent are aware of all these issues though, and when we moved in 2 years ago, we highlighted them, along with many others. The house had been left a sh1thole by the previous tenants, and many things were fixed: loose wires, leaks, holes in the walls, doors hanging off. Even mould, was reported.

However, the bits and bobs left, (that I have mentioned,) are not considered as 'urgent issues.' The agent are aware of everything (and so is the Landlady,) and we all went around together when we moved in, and all the things wrong were logged...

They were aware of the leaks out back and on the carport, and these have now been fixed. But it tooks MONTHS.

So we have always done our duty as tenants 110%. So I wouldn't actually have anything to write about.

The issue is that the landlady tends to drag her feet with things, but when I *have* mentioned this to the agent, they say that she isn't doing anything wrong and that she fixes things as quickly and urgently as she can. But the second part of the issue is what if she refuses to replace the boiler? (If she is told she needs to?)

Is the advice for me to contact EH at the council then? And is this a health and safetly issue? Having no heating and hot water?

The advice is to write to the landlord, bypass the agent because the landlord has the repairing obligations and the agent has none. If you don't want to believe us spend a day reading the numerous threads on these boards from people who could not be bothered to write, didn't get taken seriously, landlord blatantly lied claiming to be unaware or wasted ages disputing unfair deposit deductions. Letters are as much about protecting yourself as actually informing the landlord.

You may believe the landlord already knows and you may well be correct, but you need to be able to easily demonstrate that. Shelter - which I have already linked to - is quite clear that your first step is reporting to the landlord and it is best practice to do this in writing, even if this is to follow up and confirm a report made by telephone. The landlord is supposed to repair within a reasonable time, the clock starts ticking from when the issue is reported.

IMO you also should not have been the one contacting British Gas, it could be deemed that you engaged their services and you have to pay for it. Be careful about doing this in future unless you have the written authorisation of the landlord.