Broken Boiler - Can I withold rent?

Kaiwan

Hi, I've tried searching and found numerous threads regarding this but none the same as mine.

I'm a tenant and my boiler has been broken since July 27th so we have been without hot water and heating ever since. I informed the estate agents the same day. The estate agents sent someone round within a week and declared the boiler in a state of disrepair as the heat ex-changer had cracked.

Now, I have phoned up the estate agents numerous times since then and they have done nothing, from my perspective, to solve the issue. That was until today when we had someone in to cost up a new boiler. Now, they are saying, they only heard about it this week and it will take a further month until a new one can be fitted.

Where do I stand with getting a reduction in rent, as I see it he has the obligation to fix the boiler within a "reasonable" amount of time? I feel this time has expired.

Thanks (P.S. Sorry for wall of text)

Annisele

Short answer: no, you can't withhold rent. Repairs and rent are separate issues.

Slightly longer answer (assuming you're in England): have a look at Shelter's information on repairs.

The phone is great for sorting out issues as they arise - but when things go wrong, you need to write. That means a proper letter, with a stamp, sent to the address that your contract says is the correct address for the serving of notices.

The landlord may well offer you a rent reduction as a gesture of goodwill. A month without heating isn't much of an issue in August - but a month without hot water is a pain. Do you have an electric shower / some other sensible way of heating water to wash?

All of this is ultimately the landlord's responsibility. The agent is just that - an agent of the landlord.

Kaiwan

Thanks for the response. You reiterated what I first thought.

Yes I have an electric shower and a kettle. Still no heating or running hot water.

It is going to be 2 months without a boiler.

Werdnal

Firstly, always report faults and repair in writing - OK to phone them first, but back up in writing (preferably old fashioned snail mail with free proof of posting from the PO counter ... Dear Letting agent, further to my call earlier I am writing to confirm ... Blah, blah). No dispute then when you actually reported the problem and proof that the LA/LL is dragging their feet should you need to claim anything.

Check out the Shelter Website - there is a specific process for withholding rent for repairs and you MUST follow it to the letter, otherwise you are in breach of tenancy for not paying and LL can take you to court! I believe the first step on the Shelter process is to report in writing, hence you should have done this on 27 July!

Your word against the agent now how long they have actually known about it, but you read up on the Shelter Guidance and start the process if you feel you have a valid claim.

Kaiwan

Seems like I'm out of luck then.

Paying rent for a house without a boiler.

Thanks everyone.

G_M

When my boiler broke I too had togo without hot water till the engineer replaced it.

OK - I was paying a mortgage, not rent, but sometimes in life Sh*t happens.

Arguably the response could have been faster, but at least action is being taken and you'll have a new boiler for the winter.

It's the tenants whose LLs try endlessly to 'fix' an irrepairaible boiler in an attempt to save the cost ofreplacement I feelsorry for.

throwoff

I had a problem with a boiler, a lot of this comes down to interpretation of the law, ours was out of service for a week, in mid winter. There was a clause in our tenancy that stated if the house was rendered uninhabitable for reasons beyond our control rent would not be due, the agent and LL both agreed that in midwinter the house was uninhabitable without heating and as such let us off a weeks rent till it was replaced.

One of the many reasons that now we are moving again we have returned to that agent, I often think I am the only man left who has found a genuine honest letting agent.

Mallotum_X

At least its getting replaced, and you were without heating during the summer when presumably you didnt need it?

It may be worth a try asking for a reduction in rent as an offer of goodwill but as long a its fixed before the weather turns cold I'd probably just let it go.

mgarl10024

I think I read somewhere (I'm a new landlord) that the landlord must provide a 'heating system' and I guess there must be a means to heat water.

I also seem to remember reading that things must be fixed in a 'reasonable' time. Imagine that like G_M, you were a homeowner. How quickly could you get a boiler quoted (presumably by a few people - you always get more than one quote!) and fitted (bearing in mind good tradesmen are booked up)? I recently renovated a house and I reckon it was 6-8wks from me first phoning a reliable Heating Engineer for a quote and me having my hands pressed against a warm radiator.

To keep the tenant happy, I've got four electric fan heaters and if the boiler failed I would drop them to the property so that the tenants could keep warm while it was being fixed. I would imagine that this was also me 'providing a heating system'.

Water wise, if you have a kettle and a shower, I can't really see the problem - you have a means to heat water.

I would suggest not witholding rent, and perhaps writing to the landlord directly (see your Tenant's agreement for an address to serve notices). They may be just as surprised as you about the poor service you are receiving from the Estate/Letting Agent.