landlady wont change boiler

ninokas

Hi all,
My mum lives in a flat 3 years ago and every 6 months they renew the contract..
The past year we had water running from the flat upstairs and after many complaints they finally come to fix, but only got worse and in fact the ceiling on the shower position come down,,,, luckily my mom wasn't there at the time.. took them 1 year to fix it !!
last December 2012 we start to have problems with the boiler and my mom stayed without hot water and little heating all over the winter...
Since then I've complaint many times to the agency and they say the landlady is going to fix and even I've made a complaint in the health and environment ...This lady from Health and environment has called the agency and they keep saying they gonna change it but not doing it...
NOW my issue is i want my mom out of that house coz i think we had enough to be honest,,, the agency say because we have contract until 9th July 2013 we cant go out sooner... i have found a very nice flat for my mom and i don't want to lose it .. is there any chance that we have to go out without o have be liable for the rest of the contract,,, i mean the landlady hasn't been complying her part .
I keep going any where and my mom has been taking bath or shower in my home for the last 3 months as there is no hot water in her house !!!
I'm really crossed with them
help please
Many thanks in advance

pmlindyloo

ninokas wrote: »

Hi all,
My mum lives in a flat 3 years ago and every 6 months they renew the contract..
The past year we had water running from the flat upstairs and after many complaints they finally come to fix, but only got worse and in fact the ceiling on the shower position come down,,,, luckily my mom wasn't there at the time.. took them 1 year to fix it !!
last December 2012 we start to have problems with the boiler and my mom stayed without hot water and little heating all over the winter...
Since then I've complaint many times to the agency and they say the landlady is going to fix and even I've made a complaint in the health and environment ...This lady from Health and environment has called the agency and they keep saying they gonna change it but not doing it...
NOW my issue is i want my mom out of that house coz i think we had enough to be honest,,, the agency say because we have contract until 9th July 2013 we cant go out sooner... i have found a very nice flat for my mom and i don't want to lose it .. is there any chance that we have to go out without o have be liable for the rest of the contract,,, i mean the landlady hasn't been complying her part .
I keep going any where and my mom has been taking bath or shower in my home for the last 3 months as there is no hot water in her house !!!
I'm really crossed with them
help please
Many thanks in advance

First of all you must write directly to the landlady with your complaint(s)using the address for notices on the tenancy agreement. The address may be c/o of the agency but this does not matter. You must send the letter (having copied it) and post it keeping the PO receipt as proof (you could send same letter from 2 different post offices to be absolutley sure of proof.)

The agents are only able to carry out the landlady's directions so your complaint is with the landlady and not the agent.

Have you got proof of all the times you reported it? Did the Environmental Health people give you a report? A paper trail is very important.

The landlady has a responsibility to keep your heating system in good order and has breached the contract by not carrying out the disrepair.

However, this is a complex area and you are probably going to need some help with this. Contact Shelter and/or CAB. If you use CAB try and find one with a housing specialist. I believe that Disrepair in accommodation is one area where Legal Aid is still available.

Follow Shelter's/CAB's advice.

Legally your Mum is still liable for the rent until the end of her contract.

On the other hand, since you do not want to lose the new flat, it might be that you will be advised to move out, let the landlady chase you for the rent through the Small Claims court and then you put in a counter claim for compensation.

By the way, did your mum pay a deposit? If she did, was it protected and did she receive the prescribed information about where it was protected and how to apply for its return?

ninokas

Hi many thanks for quick reply..
The agency refuses to give the contact to the landlady
we have a 6 weeks deposit and also have a paper saying all those bits where is registered bla bla...
to be honest the health environment hasn't contacted us since, but the agency says that they have there a phone call from them as well where there been informed that the boiler will be replaced, but in meanwhile another 7 weeks gone
Also do you know if in terms of references isn't that all gonna affect my mom on moving house ?!
again many thanks

pmlindyloo

Is there no address for the landlady on the contract? Not even c/o the agent?

If there is no address at all then legally you do not have to pay rent. (no need to stop paying just useful to mention to the letting agent).

By law the letting agent has to give you the landlady's proper address within 21 days after your writing to request it.

See here:

http://www.landlordzone.co.uk/landlord's_address.htm

ValHaller

pmlindyloo wrote: »

If there is no address at all then legally you do not have to pay rent. (no need to stop paying just useful to mention to the letting agent).

Just to avoid any mistake arising from misunderstanding the above, the rent will still be owed but will not be due for payment until the address is provided. So a valid tactic not to pay - but keep the money safe because it will have to be paid once an address is given.

pimento

If the OPs mother has been there for three years, doesn't she only have to give one month's notice?

Annisele

pimento wrote: »

If the OPs mother has been there for three years, doesn't she only have to give one month's notice?

Depends on whether she's signed up to a new fixed term.

OP says the contract is until 9 July 2013, which suggests a new contract was signed.

k0sh

You can always withold rent payment until the boiler id fixed.

19lottie82

k0sh wrote: »

You can always withold rent payment until the boiler id fixed.

NO you CAN'T! This is bad advice, please ignore it.

G_M

pimento wrote: »

If the OPs mother has been there for three years, doesn't she only have to give one month's notice?

No!

Either two tenancy Periods notice (two plus months) OR zero notice (as seems to be the case here since fixed term ends 9th July).

Read this post here on giving notice.

OP - chase Environmental Health. They can, and should, serve a written ORDER on the LL to undertake repairs/improvements. It is then a criminal offence if this is ignored.

If EH have only given 'advice', which is what it sounds like, the LL can ignore this.

teeni

It is worth speaking to Shelter as Legal aid is still available for disrepair PROVIDED it can be proved that there is risk to health so would have to prove that lack of heating and hot water was likely to risk mum's health, so getting legal aid will depend on time of year and effect on mum's health.