Boiler packed in - house being repossessed - who's responsible?

macman

OP, I suggest you look for an RGI who will not charge £200 just for a call out!
Make/model of the boiler, and what is the fault? It could be something very simple.
My RGI charges only £75 for a boiler service, so that fee indicates an emergency service at premium rates.

Ms_Chocaholic

Would the OP be able to withhold rent and use this to fix the boiler?

Plus

Ms_Chocaholic wrote: »

Would the OP be able to withhold rent and use this to fix the boiler?

Is the OP actually paying rent at this point? If it's a binding tenancy and the mortgage company becomes their LL, the mortgage co now have responsibility for the upkeep of the property. If the mortgage company does not become their LL, what happens to their rent? They shouldn't pay it to the old LL. The mortgage company will start proceedings, which the OP can delay for 2 months. During this period, is the OP obliged to pay rent, and where should it go? They don't currently have a LL. It may be the mortgage company isn't set up for accepting rent from tenants, for example.

Murphybear

Im sorry to hear of your problems OP.

I'm not saying this is advice but this is what I would do in your position

Not pay any rent until you have everything in writing that the mortgage company have possession and details of their rent account

Put aside the rent money (in a separate account if possible)

Get some quotes to get the boiler fixed and pay for it out of the rent money. This is not something I would normally do but the circumstances are not ordinary and desperate times call for desperate measures.

Do you have a protected deposit? It is worth investigating whether you can get the deposit repaid early. I have no idea whether it is possible but one of the others may advise. You are probably going to have to look for a new property sooner rather than later so if you can get the deposit this should make it a bit easier.

In the meantime beg, steal or borrow or buy some heaters. Your immediate concern is to keep your children warm. Do you have any friends, relatives or neighbours who could look after them for a few days until you can get something sorted out?

silvercar

Once the mortgage lender realises they have a tenant and so have landlord obligations they should get their act together.

However, with the intention of evicting tenant and selling the property as soon as possible, they may decide it is uneconomic to repair the boiler themselves and supply the tenant with some electric heaters as a stop gap until they legally evict.
After all, the lender wants the property sold ASAP and only needs to ensure the mortgage is repaid. If there is loads of equity in the property, then the lender has nothing to gain by spending on repairs.

tlc678910

If there is no quick resolution to this you could ask the council if they consider a property without heating or hot water uninhabitable - especially with children. If so they should either compel the owner (the bank) to act urgently or help to find you alternative housing urgently (might not be council housing / might be temporary).
Tlc

Murphybear

silvercar wrote: »

Once the mortgage lender realises they have a tenant and so have landlord obligations they should get their act together.

However, with the intention of evicting tenant and selling the property as soon as possible, they may decide it is uneconomic to repair the boiler themselves and supply the tenant with some electric heaters as a stop gap until they legally evict.
After all, the lender wants the property sold ASAP and only needs to ensure the mortgage is repaid. If there is loads of equity in the property, then the lender has nothing to gain by spending on repairs.

What about the hot water?

silvercar

Murphybear wrote: »

What about the hot water?

Kettle.



..........

Pennysmakepounds

Why is the house being re-possessed?


Are you up to date with the rent?

System

I'm guessing that some form of correspondence has come trough the post advising that the house has been repossessed. You need to contact the Lender explain that you are a tenant and that the boiler has broken down.


They have the same responsibility as any other landlord when it comes to repairs and they will also have to follow the correct procedure when serving you notice