HELP - Compensation - no heating/ hot water

01pevans

I am looking for a bit of advice as I am considering taking my landlord to court.


On 6th November my boiler packed in in my rented accommodation. I messaged my property management company straight away but didn't receive a response until second time trying on 10th Nov due to changeover in staff. A plumber was then sent out who said that the boiler was beyond repair. Despite this the landlord continued to try and get it fixed and get second opinions. Once these came back with the same response he started getting several valuations for new boilers and began negotiations with our flat block management to fit the boiler. The new boiler was eventually fitted on the 12th Dec but had a faulty part and so was not operational until 17th Dec.


Now, on the 23rd November we had to move out of the flat as it was far too cold to live there. On the 28th the LL emailed to say he would pay for 2x 2kw heaters and pay £50 towards the running costs. Needless to say this wouldn't heat the flat, cover the costs of running the heaters or solve the lack of hot water. We had enquired about compensation while we had moved out and were told that the LL had agreed to compensate us in full for the time we weren't living at the flat but not any of the previous time as he had offered the heaters. This didn't happen and the LL refused to refund us the money for 12-17th while waiting for the boiler part because 'it wasn't his fault'.


So in short we got 0 compensation for 2 1/2 weeks without heating and hot water while living in the flat and only 19 out of the 24 days we were told we would be paid. Have we got a case to take the LL to SCC?


Thanks in advance!
Phil

unclebulgaria

Look through your local yellow pages or yell.com and find a solicitor who give Pro-Bono advice, its usually 30 mins.
You will probably need to give a more in depth account than you can on here.

bris

01pevans wrote: »

So in short we got 0 compensation for 2 1/2 weeks without heating and hot water while living in the flat and only 19 out of the 24 days we were told we would be paid. Have we got a case to take the LL to SCC

You were offered heaters and an allowance to run them and water would have been available through a kettle, which you refused. The LL then actively looked at replacing the boiler and compensated you for the time away from the property. Present these facts to the courts and you lose, the LL has done everything by the book.

kayfaz

Could this be your landlord by any chance...

https://forums.moneysavingexpert.com/discussion/5168695

C_Mababejive

My initial thoughts are that your LL did what he could bearing in mind that he was paying a management company to hopefully manage such things.

As we all know, many management companies do nothing much for huge fees.

This was presumably an unforeseen circumstance.

What can you do? these things happen and i think he did his best to help.

If he is an ok landlord otherwise I would just forget it. He may serve notice on you to leave or not renew your tenancy. Would you want that?

Its a good idea for landlords to sign up their boilers to BG service contracts and of course pass that cost on via rent.

01pevans

bris wrote: »

You were offered heaters and an allowance to run them and water would have been available through a kettle, which you refused. The LL then actively looked at replacing the boiler and compensated you for the time away from the property. Present these facts to the courts and you lose, the LL has done everything by the book.

Do the dates not matter though?
10th Nov - LL was made aware of the problem
23rd Nov - we move out
28th Nov - offered alternative heating (kettle doesn't give us showers either)


We have in writing that we would be paid for the time period we weren't at the flat (23rd Nov - 17th Dec) but LL only paid 23rd-12th. This may seem a trivial amount but considering I live in London rent prices are extortionate.


Our tenancy is up at the end of March and we won't be renewing anyway so in regards to being evicted I don't really mind.


I understand he has to some degree tried to get the problem fixed but isn't a LL obliged to keep the premises in the same state as when I originally moved in and although unforeseen circumstances like this happen he's technically still in breach of that?

pmlindyloo

01pevans wrote: »

Do the dates not matter though?
10th Nov - LL was made aware of the problem
23rd Nov - we move out
28th Nov - offered alternative heating (kettle doesn't give us showers either)


We have in writing that we would be paid for the time period we weren't at the flat (23rd Nov - 17th Dec) but LL only paid 23rd-12th. This may seem a trivial amount but considering I live in London rent prices are extortionate.


Our tenancy is up at the end of March and we won't be renewing anyway so in regards to being evicted I don't really mind.


I understand he has to some degree tried to get the problem fixed but isn't a LL obliged to keep the premises in the same state as when I originally moved in and although unforeseen circumstances like this happen he's technically still in breach of that?

You may want to speak to Shelter about claiming compensation. There is a strict procedure for this and after advice from Shelter about how strong your case is they will be able to guide you through the procedure.

If Shelter believe you have a strong case then the initial letter before action may have the desired effect of getting your compensation without having to go through the courts.

I understand everything posters have said but no one can see the 'evidence' that you have to make a case for compensation.

Before you telephone Shelter make sure you have printed out all emails and have a timeline with all the facts clearly written out.

Good luck.

Kynthia

The landlord has to make repairs in reasonable time and is under no obligation to compensate you. The landlord made repairs and also offered you heaters and funds to run them in the mean time. I'm not sure what you think you're entitled to?