how is this best sorted?

Cavacrol

A couple of months ago I moved into a so-called "Build To Rent" property. The idea is to provide high quality, long term, market rent homes to young-ish professionals who can't afford to buy. The flat is actually above market rent in my opinion but I chose it because it seemed very secure and very convenient travel wise.

Tenants have to pay a set monthly fee on top of their rent (direct to the housing provider) to cover hot water and heat. I thought this would be fine. However, it seems we have no access at all to adjusting temperatures or controlling how much heat or hot water we have access to. For the first few weeks it was OK because the weather was warm so there was no need for heating. Plus I was able to take a hot bath most days (in addition to a quick morning shower). At that stage only about 40% of the building was populated. Now I think the building is fully let out and suddenly there's no hot water. The water is lukewarm the first couple of minutes and then icy cold. There is no way you could have a bath and can barely even get a shower out of it today. The staff are doing.......nothing. They were notified of the inability to adjust the heat about 4 weeks ago and have done nothing. There appear to be no controls or thermostat inside the flat. So there's no heating whatsoever. And now on top of that there is no hot water. Yet the monthly heat and hot water charge we have to pay is non negotiable. We even had to pay one month's heat and hot water deposit on top of the normal security deposit, plus one month's heat and hot water in advance every month.

What can I do?

G_M

You either treat this as a repairing issue (see * Repairing Obligations ) or as a breach of contract.

Either way, the starting point is clearly a formal complaint to the landlord, in writing, sent to the address "for serving notices".

What is the exact wording in the tenancy agreement about heating/hot water?

If breach of contract, you could validly withold payment, and if sued, you defend (and counter-claim) on the basis that the LL is not providimg the contractually agreed and paid for service.

Or, perhaps, you could follow the procedure to undertake 'repairs' yourself (install an electric shower?) and deduct the cost from your rent. But before doing so, follow the Shelter process (in the link above).

Elinore

From post above - If in breach of contract you can withhold payment....

This relates to the payment for the heating/ water aspect, right? Not the rent?

I was always told you pay your rent regardless of repairs issues.

Is that not correct?

Cavacrol

Here's what the tenancy agreement says:

"Heating/Utility charges are recharged at cost and based on usage. Where applicable this is a fixed monthly amount, plus a one month deposit. Actual usage is calculated and the account reconciled every 12 months or at the end of the tenancy (whichever is sooner)."

Residents are made to pay this heating and hot water fee along with their rent in one inclusive payment. The payment has to be made by debit card and there appears to be no option to deduct the heating/hot water charge from the rest of the monthly rent.

Property management have been notified on two occasions of the issues and so far have no taken no steps at all to resolve the problem.

Cavacrol

It's now reached a point where it's not possible to take a shower (or do the washing up) at all. The water from the tap just comes out completely cold.

mary.f

OMG this must be taken carefully. what have u done till now to solve the problem or start getting hot water? when we moved our house, the hot water was not coming in, but i ask the moving company worker about the problem as we were taking their services and it was solved.,

Cavacrol

Hiya, I notified the property management staff for the scheme of the inability to switch on heating at least 8 weeks ago. They never bothered to get back to me on it. I notified them of the lack of hot water two days ago. The response was "well we've received no complaints from anyone else."

I then sent a further more detailed email explaining the situation (ie no hot water at all) and again reminding them of the access to heating issue. No response at all.

lincroft1710

Cavacrol wrote: »

The response was "well we've received no complaints from anyone else."

Ask your neighbours if they have hot water, if yes, then complain again saying all hot water used before it reaches your apartment. If no, then get together and make joint complaint.

Cavacrol

lincroft1710 wrote: »

Ask your neighbours if they have hot water, if yes, then complain again saying all hot water used before it reaches your apartment. If no, then get together and make joint complaint.

I've knocked on a couple of neighbours' doors with no joy yet. As it's a new building, I don't yet know anyone. But I will keep trying.

G_M

Please confirm that you have been reporting the problems IN WRITING: ideally by letter sent to the landlord at the address "for serving notices". By all means send a copy to the management company, but you must write to the landlord.

Check the management company's website or other documentation - do they have a complaints process? If so, use it to WRITE again to escalate.

Residents are made to pay this heating and hot water fee along with their rent in one inclusive payment. The payment has to be made by debit card and there appears to be no option to deduct the heating/hot water charge from the rest of the monthly rent.

Of course there is the option!
* you know what the rent is yes?
* and you know what the heating charge is yes?
So deduct the heating charge from the total paid on your debit card.

Or have you (unwisely!) signed a 'continuous payment authority' on your card? If so, write to the LL and management company withdrawing this authority and copy your bank.

Handing over control of payments from your bank account to anyone else is never advisable!

Checking whether this is a problem just for your flat, or for others in the building too, is a good idea.

"Heating/Utility charges are recharged at cost and based on usage. Where applicable this is a fixed monthly amount, plus a one month deposit. Actual usage is calculated and the account reconciled every 12 months

How is your actual usage monitored?
* Is there a meter measuring the amount of hot water used?
* how is heating measured. Seems wierd!

Are there no meters/controls for the flat, either inside, or in a communal cupboard somewhere?

Cavacrol

Hmmm, so I found some neighbours. Two of them said that while they do have enough hot water right now, around a month ago neither of them had any hot water/sufficient hot water. They reported the issue to the property manager and the property manager promptly sent a maintenance person to their flats who adjusted the settings, and they now have enough hot water. However, the property manager tells a rather different story in the last email I received from them. This is the email:

"There hasn't been any complaint of lack of water from anyone else...

Did you push the control for the temperature on the bath past the restrictor or not. Or is it cooler than it normally is?

I will report the issue you mention and find out when someone can check.

Many thanks"

The email above was received on Friday morning. I replied back immediately to answer the questions posed and to confirm that I now had no hot water at all. I received no reply. The property manager has now gone home for the weekend without bothering to reply. Also, it's odd to claim that no other complaints of lack of hot water have been received, given that it took me mere minutes to find two tenants who both claim they've had to report lack of hot water issues in the past month.