Help! Boiler bust - landlord impossible to get hold of/not organising repair

london1990

Hi there

We are two recent graduates that have moved into a flat in London. We have been in the flat for two weeks and the boiler has been working fine.

We deal with the letting agents for management issues as the landlord is someone we have never met and he owns many different properties.

We have had some minor landlord/letting agent issues (not sending maintenance around after two weeks despite repeated requests) already and get the impression that they do not show much interest and keep making false promises ("We will send them round next week" "I will pass your comments on to X" "X is in a meeting) as well as once refusing to let us into the offices because they were supposedly in a meeting.

The key to the gas meter is behind a locked door on the neighbour's premises. Unfortunately the neighbour's premises (commercial premises) had its lease forfeited and is in vacant possession. We cannot let the national grid engineeer check whether it is a gas or boiler issue until they have access to the meter. The landlord has still not provided us the keys to this meter after two days of sitting home, waiting.

We have been waiting in all day (now without hot water for two days) and have spoken to the agents and they keep delaying and not giving a clear time as to when they can send round "their" maintenance man. It is approaching 4pm on Friday now and we both start work on Monday and we are now quite worried that this simply is not going to get sorted.

What can we do other than constantly phone these agents who seem so very lazy and disorganised?


Summary:
(i) We first of all need those keys to access the gas chamber. They still have not provided them.

(ii) If it is a boiler issue, it is the lanbdlord's responsibility. So far we have had little luck in our contact with the agents, so we would have to pay for a contractor ourselves to do this - would we be able to drop a bill for the work with the agents? What if they kick up a fuss?

(iii) Is it wise to threaten the agents with enforcement of landlord's covenants through potential tribunal action?

Thanks

Werdnal

There is a process whereby a tenant can withhold rent to cover the cost of repairs if LL is unable or unwilling to comply with their obligation. However, this is a last resort and the process has to be followed to the letter otherwise you can be sued for the rent you have retained.

See Shelter's website or phone them to ask about you options.

Have you reported the issue to the agent in writing? You should always do this, otherwise agent can say they never received your text/call etc, and its your word against theirs. Get a letter (with proof of posting) off to them today, to confirm your situation and ask them to address it asap.

You can also speak to Council EHO for advice, but they will want proof you have given the agent/LL adequate notice and time to repair, hence letter suggested above.

RAS

In the short-term:

Do you have any other means of heating water (kettle, cooker)? Just so you can get a wash etc. Locate the nearest laundrette and swimming baths/gym.

WRITE to the LL and the EA (at the address for the serving of notices) and list the FACTS regarding the nature of the problems with the boiler and the need to access the meter.

Ask them to sort this out urgently and tell them you are taking advice as to next steps.

Stop ever requesting anything on the phone or by e-mail and do not assume that any promise made by the EA will be met becuase the LL may not authorise the work.

Is this a flat above/below a shop? If so make sure that it has a separate Council Tax listing and once you get into the meter cupboard make sure you are not paying for the commercial premises gas supply.

london1990

RAS wrote: »

In the short-term:

Do you have any other means of heating water (kettle, cooker)? Just so you can get a wash etc. Locate the nearest laundrette and swimming baths/gym.

WRITE to the LL and the EA (at the address for the serving of notices) and list the FACTS regarding the nature of the problems with the boiler and the need to access the meter.

Ask them to sort this out urgently and tell them you are taking advice as to next steps.

Stop ever requesting anything on the phone or by e-mail and do not assume that any promise made by the EA will be met becuase the LL may not authorise the work.

Is this a flat above/below a shop? If so make sure that it has a separate Council Tax listing and once you get into the meter cupboard make sure you are not paying for the commercial premises gas supply.

Thank you for the replies. The landlord's notice address is the same as the letting agent's address. We have never met the landlord.

We have however composed letters to both of these individuals and will be serving them with notice of these repairs via recorded delivery so we have evidence of receipt.

What should our next steps be if they delay in repairing/ignore it? Do they need to address the issues urgently or only within a reasonable time?

And no, the flat is not above a shop, but for some reason the gas meter is part of the commercial premises (which had its lease forfeited).

thesaint

london1990 wrote: »

We have however composed letters to both of these individuals and will be serving them with notice of these repairs via recorded delivery so we have evidence of receipt.

No good news comes by recorded delivery.
Send it by normal mail from a Post Office, and get a free certificate of posting.

In the letter, confirm any phone calls you have had, and with whom prior to having to write.

RAS

london1990 wrote: »

We have however composed letters to both of these individuals and will be serving them with notice of these repairs via recorded delivery so we have evidence of receipt.

NO.

This cost too much and if they refuse to sign, you have no evidence of delivery.

Two copies of the letter sent from two separate post office with free certificates of posting. The courts will accept that one letter goes astray but not two and assume it was delivered 2 days after posting if sent first class.

Have you checked the Land Registry for the identity of the owner of the commercial property?

donfanatico

london1990 wrote: »

Thank you for the replies. The landlord's notice address is the same as the letting agent's address. We have never met the landlord.

We have however composed letters to both of these individuals and will be serving them with notice of these repairs via recorded delivery so we have evidence of receipt.

What should our next steps be if they delay in repairing/ignore it? Do they need to address the issues urgently or only within a reasonable time?

And no, the flat is not above a shop, but for some reason the gas meter is part of the commercial premises (which had its lease forfeited).

Don't use recorded delivery, they can be refused at arrival point , just use the free proof of posting service provided at any post office. If possible send two copies on the same day from two different post offices as by the sound of it you might need proper proof as EA and LL dont sound like they care. Oh and keep a copy for your records.

london1990

RAS wrote: »

NO.

This cost too much and if they refuse to sign, you have no evidence of delivery.

Two copies of the letter sent from two separate post office with free certificates of posting. The courts will accept that one letter goes astray but not two and assume it was delivered 2 days after posting if sent first class.

Have you checked the Land Registry for the identity of the owner of the commercial property?

I know you said not to phone, but as it will take a few days for the letters to arrive we are obviously keen to reach them to see if we can get this repaired ASAP.

The estate agents are now hanging up our calls and previously when we raised a maintenance issue we went to their offices but they refuses to let us in...

This is not good news, right?

RAS

Well if they are refusing you entry, they will not sign for a recored delivery leeter. Two first copies class ( you could pay for next day delivery? but need to get your skates on even in London). What time do they close?

pmlindyloo

Most letting agents are open on a Saturday so if yours is go there early in the morning, ask to speak to the manager and 'kick up a fuss'.

It is possible that only the landlord has a key to the meter cupboard but it is appalling that the LA are refusing to keep you up to date about all this.

You can take your letters with you and hand deliver them (make sure you have a witness other than yourselves)

You do have to give them a reasonable time to act but there is absolutely no excuse for getting 'fobbed off'.

Speak to Shelter today if you can and let the LA know that you have spoken to them and what they have said to do if no action is taken.

DRP

london1990 wrote: »

I know you said not to phone, but as it will take a few days for the letters to arrive we are obviously keen to reach them to see if we can get this repaired ASAP.

The estate agents are now hanging up our calls and previously when we raised a maintenance issue we went to their offices but they refuses to let us in...

This is not good news, right?

obviously you use every method possible to contact the EA quickly (phone, email, mule, smoke signals), but the advice is to also write a letter with proof of postage.

Based on what you've posted they're incompetent conmen. Pester them, go around there if you can. They are counting on the fact you will just give up.