Tenant asking for compensation for broken boiler left him without heating & hot water

orionmoo

fishpond wrote: »

As you appear to have done everything you could to get the boiler repaired, (would you have done any different if you were living there?)
I would not be giving the tenant any compensation, but I would be giving them an S21.
I would also cancel asap any agreement you have with homeserve, get a local gas registered fitter to give his opinion on your boiler and be prepared to have a new one fitted ( a known good make).:)

Dodgy Landlord Alert. :eek:

confusedLG

As a person who has had bad experiences with LL I think £200 max should be acceptable even then thats being generous, I say that because the increase in cost to run electric heaters over gas, souldnt be more than £25 a week unless they have heating on 24/7, even my 2 bedroom large flat in the coldest part of winter heating on 8 hours a day I was sweltering and I still had heating in morning and that was electric heating and me just putting it on, in last 2 weeks or so its more like 4 hours a day most and still I am sweltering in certain rooms.

As long as they had running water they could boil a kettle for dishes, go to toilet without issue and a cold bath isnt the end of the world(though can be very annoying) if I had a landlord making an effort I would be more understandable than one who kept telling me its not his problem and I am making a mountain of a molehill.

I'd expect something and in fact I would probably be glad I saved money and use it for a treat than expect compensation.

fishpond

orionmoo wrote: »

Dodgy Landlord Alert. :eek:

No, dodgy tenant
It would be better if the tenant and LL got their heads together and resolved the boiler problem.
What actual financial loss has the tenant suffered that would be redressed by financial compensation.
If the tenant received some money, would it be declared to the IR on his next tax return?

Guest101

fishpond wrote: »

No, dodgy tenant
It would be better if the tenant and LL got their heads together and resolved the boiler problem.
What actual financial loss has the tenant suffered that would be redressed by financial compensation.
If the tenant received some money, would it be declared to the IR on his next tax return?

1: loss of earnings die to taking time off work
2: travel expenses due to travelling for hygiene purposes

Both clearly stated above.

Possibly also: extra bills from heating costs, extra clothes purchases for lack of heating.

And compensation is not to do with 'loss', but just to answer your question.

I do agree though, 'awful' much more appropriate than 'dodgy'

pyueck

fishpond wrote: »

No, dodgy tenant
It would be better if the tenant and LL got their heads together and resolved the boiler problem.
What actual financial loss has the tenant suffered that would be redressed by financial compensation.
If the tenant received some money, would it be declared to the IR on his next tax return?

I think we are now being way too harsh on this poor tenant.

Let's look from the tenants perspective, moved in, no hot water, no gas heating (OK we have been told they have been provided with electric heaters, but we don't know if this really heats the whole place). From what we hear this tenant has not refused to pay rent or caused any problems beyond asking for a refund to cover the lack of heating.

The tenant has sat in waiting for somebody to come, it sounds like on multiple occasions and has gone elsewhere to wash, how is that the tenant not helping? This is remember the landlord's responsibility, not the tenants, all the tenant needs to to do is be accommodating for the work to be done.

The tenant has had a loss because they have not got what they are paying rent for. Any reasonable tenant would expect hot water and heating, losing it for a few days, understandable, a month and a half not! They are paying for the property with the amenities advertised, namely hot water. It's not about what loss they have had, but what money they have paid for a service that is below a reasonable expectation and therefore subject to a refund. This is just like if I bought a cinema ticket and the screen wasn't working, have I had a loss, no, do I deserve a refund, yes!

The tenant does not need to declare it as an income as it is a refund for something they have paid for which is below the expected service, therefore is not subject to income tax.

Come on guy's put yourself in this tenants shoes.

HomeServe_company_representative

Hi,

Thank you for getting in touch and sharing your feedback with us. I am sorry to hear about the problems you have described in your feedback.Could you please email us with your contact details we can look into this ongoing boiler problem for you. Please find our contact details from the profile page.

Kind Regards,

Anjali
Here To Help Team
HomeSerfve

martindow

orionmoo wrote: »

When my partner moved into her previous rented accommodation, the boiler was broken from the day they moved in on the saturday.

The letting's agency was open on the Saturday but their management arm was not, and even calling up the emergency number they said can't do anything. They did eventually get a brand new boiler installed on the following Tuesday or Wednesday, but she was without hot water or heating for several days.

Never received an apology for it or compensation, the agents knew it was broken as it was reported 2 weeks prior to the previous tenant leaving the property and not fixed then.

I'd say you can probably get away with not paying anything, if you got it fixed as soon as possible after being alerted.

But the ethical thing to do would be to give a gesture of good will discount on the rent I'd say for the days they were without heating and hot water as you could argue its not habitable in that time.

Did your partner think she had cause for complaint? This sounds like exceptional action by the landlord to put things right. You normally cannot expect repairs over the weekend and a new boiler was fitted in two days!

alias*alibi

My boiler has been playing up for over a year and have waited over 3 weeks for somebody to come and take a look at the latest issue with it (not a priority apparently as its still working but sounds horrendous). Wonder what compensation I cound claim?!

mchale

bhav27 wrote: »

How should we negotiate this issue?

Should you decide to compensate the tenant, I would pay compensation that at the end of tenancy when you have vacant possession, gives tenant added incentive to leave property clean tidy etc, etc, etc.

C_Mababejive

OP i think you have done all you could reasonably expect to have done. You have been very generous in your compo offering. That is way above what a lot of landlords would have offered. I have been in houses that have been in an apalling state due to slum landlords and its imply the case that if you dont like it, move out.

May i suggest that you move your service contract to British Gas and if you have to adjust the rent to cover the extra cost then do so.