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No Hot Water - 3 Weeks - Compensation??

I contacted my landlord on 01/06/15 to say the boiler had broken (again) and we were without hot water and heating. He arranged for somebody to come round through the week to look and they had to order a part so came back on 07/06/15 - the part was fitted but the Engineer said that it still didn't work and that they had done everything uner the warranty so a new boiler was needed… I must point out that this was the 3rd time over a period of 3 months that new parts were fitted and only lasting a short period of time. The Engineer said the boiler was 15 years old and had it's time. I must also point out I've been in the flat nearly a year and have never seen a gas safety certificate!

I've since had to chase my Landlord and it's been 3 weeks tomorrow since the Engineer told us we need a new boiler. His response is 'he is arguing with the energy company as he feels that he should be covered to get the boiler for free as £1500 is a lot of money to come up with'. I appreciate it's a lot of money but surely that is not my problem and I should have hot water and heating (the heating is not a problem in this weather but still not the point).

We're currently travelling to my Mum's house daily to shower (myself and partner) and contributing towards her gas & electric. We have never defaulted on the rent, pay all our bills on time and never bring trouble to the property. Where do we stand on compensation - for the travel & from my Mum's to shower, the extra money we're giving her for gas & electric and also the time we waste having to travel to shower?
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Comments

  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    You can ask but from a legal point of view the landlord doesn't have to compensate you at all for your travel back and forth to your mum's house.

    It is possible to keep yourself clean without a shower. You could boil water in the kettle or on the hob and wash yourself that way. It's not ideal but it is a possibility.
  • mrginge
    mrginge Posts: 4,843 Forumite
    I guess the first question is are you on a fixed or periodic tenancy.
    The second is are you prepared to take the risk of eviction if you pursue this?
  • Brighty
    Brighty Posts: 755 Forumite
    The extra money you are giving to your mum is offset by the saving you're making on your own gas and electric by not running the boiler.

    Brighty
  • I'm in a fixed tenancy until March next year - can he evict me early then?

    I understand about the gas/electric being offset by my own saving - I didn't really think about that, so good point. I just don't understand how it can be fair that while he argues it out whether he is covered we're without hot water.

    Surely as a Landlord you should have enough money to cover emergencies like this?
  • Am I aloud to with hold some rent until it is sorted?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    I'm in a fixed tenancy until March next year - can he evict me early then?

    Unless there's a break clause or if you breach your tenancy agreement by saying not paying your rent, then your landlord will not be able to evict you before March 2016.
    I understand about the gas/electric being offset by my own saving - I didn't really think about that, so good point. I just don't understand how it can be fair that while he argues it out whether he is covered we're without hot water.

    Surely as a Landlord you should have enough money to cover emergencies like this?

    Yes, landlords should have enough money to cover maintenance and repairs. If the boiler is 15 years old then your landlord should have considered that it may need replacing in the near future. Your landlord might have the money to replace the boiler but is trying to get it replaced using insurance or something, we just don't know. Should have, would have, could have, isn't going to help you at the moment.

    As I mentioned earlier, you aren't totally without hot water. You can boil some cold water in order to get hot water. You're just not getting hot water out of the taps.
    Am I aloud to with hold some rent until it is sorted?

    Under certain circumstances you are allowed to withhold rent for repairs. See Shelter's website for more details.

    Repairs in private rented homes.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    As for your comment about not having a gas safety certificate request one from your landlord. You've not been in the property for a year yet so it's possible there is one and that you've just not seen it.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 22 June 2015 at 12:09PM
    A LL should, but should isn't always the same as could. And he may be trying to save money anyway. He's not living in the property so doesn't care as much about the inconvenience as he would if it was his own.

    But i am afraid there is little you can do right now. Three weeks without hot water is very inconvenient., but people do manage as already suggested. I had an old boiler, waited over two months without hot water for a part to actually be made, then it broke again lol. It was replaced at this point. I have had every pot I possess on the stove boiling water to give my kids a bath more than once or twice. Inconvenient, but it didn't kill me.

    You could ask for compensation.., but I'm afraid he can also say no unless you are prepared to take him to Small Claims court.., it might not be worth it and you can't be certain of a good result.

    You could look at Shelter re repairs., but they tend to advise that if the LL won't do a repair etc, you can write giving him a certain amount of time to carry out the repair/replacement and then pay for it yourself, deducting it from your rent. Unless you can afford this replacement cost up front, its not going to help you. You also have to be careful to follow a proper procedure with this option though.

    You could call Environmental Health and see what they suggest. They might send a letter to the LL and/or inspect. See if your council has private tenancy advisor as well. A letter from 'officialdom' might prompt the LL to act. The LL won't be able to evict you because of this action until March, but it will probably remove any goodwill he has at all.

    You could suggest to the LL he releases you early from your tenancy.., but again, this will probably cause more problems than it solves and be costly.
  • robotrobo
    robotrobo Posts: 921 Forumite
    Part of the Furniture 500 Posts
    Am I aloud to with hold some rent until it is sorted?

    amy .
    i do not know the answer !, but he his a inconsiderate twxt in my eyes to drag it on so long.
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    3 weeks and he's not even booked someone to do the job yet. It is getting beyond reasonable time frames now. The difficulty is that you're not allowed the withhold rent unless you've followed the process to complete the repair yourself and a new boiler is too expensive to do through that method. You could write asking for an update and requesting a discount for the ongoing lack of hot water. Plus you could see if Environmental Health or the council will write to him to push for action.
    Don't listen to me, I'm no expert!
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