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Communal Heating in leasehold blocks

Some of the blocks on our estate are connected to a communal heating system. The management company decided, without any consultation, to start switching the heating off at night. Many residents are unhappy about this, as the blocks are poorly insulated and with single glazing and it gets cold very quickly.

The excuse for this was to save money, but the leaseholder charges for communal hearing remained the same- so if any savings are being made they are not passed onto the leaseholders.

Is this even legal?

Are there any guidelines of what the temperature should be in flats?

Doesn't the freeholder have to install meters (or other heat output measuring devices) in each flat? This would incentivise people to turn off their heating when they are not in and deliver savings.

Comments

  • theartfullodger
    theartfullodger Posts: 15,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's all here
    https://www.gov.uk/guidance/heat-networks
    - in the Heat Network (Metering and Billing) Regulations 2014

    Enquire, calmly & politely, of the management company for their proof that they are compliant with the regulations..

    What does your lease say on the matter? Apologies, but I can't read it from here,,,
  • missbiggles1
    missbiggles1 Posts: 17,481 Forumite
    10,000 Posts Combo Breaker
    When you say "at night", do you mean overnight or in the evening?
  • Mokka
    Mokka Posts: 412 Forumite
    Ninth Anniversary 100 Posts Combo Breaker
    edited 23 March 2016 at 5:49PM
    It's all here
    https://www.gov.uk/guidance/heat-networks
    - in the Heat Network (Metering and Billing) Regulations 2014

    I've seen this and there are get-out clauses. We will ask for clarification, but I don't hold much hope

    Enquire, calmly & politely, of the management company for their proof that they are compliant with the regulations..

    What does your lease say on the matter? Apologies, but I can't read it from here,,,

    Here is the lease ( I have not made this up, I swear)

    Clause 6 (g)
    (that subject to the payment of rent and SC, the lessor convenants that)
    ....the lessor will use its best endeavours so far as practicable to continue (i) the supply (if any) of gas and hot water presently supplied to the Flat by it at a reasonable level and (ii) the supply (if any) of heating presently supplied during certain months of the year to the Flat by it at a reasonable level subject to the provision of the final proviso to the Clause 8 (iii) hereof

    Clause 8 (iii) that the Lessor shall not be liavle or responsible for any damage injury or loss suffered by the Lessee or any other person whomsoever through any defect in the Estate or any other part thereof or the failure to perform any of the obligations herein provided for or supply any of the Services herein provided for or supply gas hot water or heating to the extent mentioned in Clause 6(g) hereof or through the default neglect or misconduct of any person employed in connection with the Estate and PROVIDED NEVERTHELESS that the failure on the part of the Lessor to perform such obligations or supply the services or supply fas hot water or heating as mentioned in Clause 6(g) hereof shall ot release or in any way exonerate the Lessee from complying with performing and observing his covenants or obligations herein contained and PROVIDED FURTHER that to the extent permitted by law the Lessor may add to diminish modify and alter any such obligations and the supply of the Services and circumstances during the term hereby demised such additions diminutions modifications and alterations may in the opinion of the Lessor appear reasonably necessary or desirable in the interests of good estate management ...

    Clause 8 (iv) for the avoidance of doubt that the Heating Charge hereinbefore mentioned shall include the costs and expenses of the gas and heating and hot water (if any) as mentioned in Clause 6(g) hereinbefore contained actually supplied to the Flat by the Lessor and that the Service Charge hereinbefore mentioned shall (inter alia) include the appropriate proportion of the costs and expenses of the installing maintenance and repair of the equipment apparatus and installations installed int he building or serving the Building in connection with the supply of such gas and heating and hot water and any other matter or thing in connection with the supply of such gas and heating and hot water which is properly attributable to the Building forming part of the Services'.

    The Tenth Schedule describes how the Heating Charge is payable.
  • Mokka
    Mokka Posts: 412 Forumite
    Ninth Anniversary 100 Posts Combo Breaker
    When you say "at night", do you mean overnight or in the evening?

    The heating gets switched off between 1 and 4 am. So people who get up to work complain it it still cold. But the heating is on whilst they are at work.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    I don't think turning heating off between 1am and 4am unreasonable. VERY few of those who have to pay their own heating bills would heat their properties overnight.
  • Mokka
    Mokka Posts: 412 Forumite
    Ninth Anniversary 100 Posts Combo Breaker
    AdrianC wrote: »
    I don't think turning heating off between 1am and 4am unreasonable. VERY few of those who have to pay their own heating bills would heat their properties overnight.

    You surely mean very few of those who are in control of their own heating? This heating is far from free.

    I know it is difficult to understand if you live in a normal house. But these flats are simply unbelievable- it can be colder (or hotter in summer) than outside.

    I was getting colds and all sorts of respiratory infections after attempting to sleep through the night without heating. I wouldn't sleep with heating on full, but having no heating in these flats is equivalent to sleeping in the same temperature as outside- the loss of heat is very speedy.

    I know this is unusual and I have never ever seen another building like this either in this country or abroad. I lived in a modern, well insulated flat for a while where we never put the heating on- even in winter (in London).

    I guess the easiest way to prove how bad it is would be to keep a diary of temperatures inside. Is there a legal limit for what is considered acceptable?
  • carefullycautious
    carefullycautious Posts: 2,464 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 23 March 2016 at 9:01PM
    Can you have an electric heater on a timer to come on when you are due to get up? I have never had heating on overnight anywhere I have lived be it old or new build.


    Why are you living in this building if you hate it so much. You say you lived in a new build which did not require any heating?
  • Lunchbox
    Lunchbox Posts: 278 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Does this turn off the hot water supply as well? We have communal heating but our heat exchanger also provides our hot water so if the central system is off we get nothing. If this is the case it's completely unacceptable; people who work shifts may need hot water. I don't know how a cost saving could be passed on though - perhaps through the daily standing charge?
  • Mokka
    Mokka Posts: 412 Forumite
    Ninth Anniversary 100 Posts Combo Breaker
    Flats have small tanks for hot water- barely enough for a shower. Electric heating is too expensive, and you cannot get enough heaters to make the flat warm in the morning- this is simply not practical. To add insult to injury heating is on full when people leave for work-and they have to pay for it.

    Does anyone understand what the lease says? If people are cold then can the landlord claim they provide services to a reasonable level?
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