Going to small claims hearing: so many questions

[Deleted User]

Having read the previous thread, which is definitely the same OP under a different name (too many similiarities) I am even more certain there is no case. The OP waited 8 days for the first professional, who may been incompetent. Not the LL's fault. Unless the OP can prove the LL ignored the professional's recommendations (not simply he said/I said) how do you prove the claim?

Then you have to demonstrate the property was uninhabitable. If you rather arrogantly claim what happened when your parents were LL's or that you can't possibly be expected to do without hot showers - I'd say very little chance of the Judge listening to that and keeping a straight face. Its not a legal argument. Nice of your parents to reimburse rent but not something they have to do.

But you could get lucky, the LL could blow a fuse, you could get a Judge on a generous day.., who knows.

steampowered

deannatrois wrote: »

Then you have to demonstrate the property was uninhabitable.

Why do you think the tenant needs to demonstrate entire property needs to be rendered uninhabitable?

If that were true, a landlord could simply ignore heating or plumbing or electric problems or urgent repair work for ever and ever.

justme111

p00hsticks wrote: »

Has no one on these threads ever heard of a kettle ?
We regularly boil a kettle of water to do the washing up rather than wait for the water to run hot.

I'd agree that having to use a kettle to supply a basin of hot water for an all over flannel wash would not be at all pleasant for six weeks, but to me it dosn't render the entire place uninhabitable.

That is interesting- what are definitions of habitable.

silvercar

justme111 wrote: »

That is interesting- what are definitions of habitable.

Homes don't become uninhabitable just because the heating doesn't work for a few weeks!

legal definition: suitable and fit for a person to live in : free of defects that endanger the health and safety of occupants

[Deleted User]

Unihabitable is when Environmental Health come round, or some other official party (like housing to judge overcrowding or not complying with safety standards, usually with Environmental Health). If a house is really bad (not having a working toilet would be a serious defect) they can declare it unfit for habitation immediately, but normally they will give the LL chance to put right the defects.

However, this takes time. Much much longer than six weeks.

What the OP is describing is not unfit for habitation. Inconvenient, not nice yes. Unfit for habitation, no. The LL, with some quick footed wording can dispute that she was slow to get repairs done, blame it all on the tenant/professionals employed and completely get away with the fact the property did not have heat and hot water. All the OP had to do was write to the LL, stating that the repair needed to be done by x date, otherwise she will get the repair done and deduct amounts paid from the rent - and she needed an alternative form of heating meanwhile. Then and only then can she take action.

I agree its not completely satisfactory.., but the situation she's ended up with is even less so.

I'm afraid the OP wasn't left without heating for an exceptional amount of time, and I'm sorry, didn't handle the situation well. Probably kept losing her cool rather than doing research and seeing what she could do. I had an iffy LL, hated his guts but I had to step aside from my feelings and deal with him and do my best to get him to do what I could to the house. Didn't always succeed, but raving at him every time I needed something done wouldn't have achieved anything.