What would you do in this situation?

Starb

I am currently renting a house from an acquaintance of my parents. I have been living there without drama for 18 months.

Some relevant points:

- deposit paid but not protected
- no check in inventory
- landlord not registered with Rent Smart Wales
- no gas/electric safety checks or epc
- property had been rented to 2 different tenants before me
- property has been up for sale for several years

After living in the property for 12 months, the landlord decided to do a boiler service. It transpired boiler was 30 years old and was last serviced 16 years ago according to paperwork records with the boiler (yes that’s correct we double checked with landlord).

Fast forward to November this year, boiler stops working surprisingly. Contact landlord who states they’re currently emigrating but will try and sort out an engineer. Luckily I have an electric shower to wash, and I bought a gas fire to heat the house.

2 weeks later an engineer attends (who asks me to pay as landlord hasn’t) and states boiler is condemnable. He manages to get it working again by relighting the pilot light, but says he doesn’t know how long it will stay lit. He did say that it would not be fixable due to the age, took some photos to put on a gas safe “would you believe it” website and said it was putting out carbon monoxide but not enough to be lethal. All of this was relayed to the landlord, but all they heard was “boiler is working”.

For the past 3 weeks the boiler has indeed been working .... 24/7. It will not switch off! Being 30 years old, it’s obviously not the most energy efficient either so my smart meter is showing that it’s costing a shocking amount.

I contacted the landlord (who now lives abroad and I only have a mobile number for) and they said to contact the engineer who came out. I phoned them and they said that all they could do was turn the gas off at the meter as the boiler is not fixable. So, I’m stuck with an inefficient boiler on permanently, or no heat and hot water. Not ideal in December.

I messaged the landlord who then stated they didn’t believe the gas engineer, who must be touting for business, but as it was Xmas and they live in a different country, they couldn’t arrange for a second opinion for a few weeks. They did not believe their 30 year old boiler was faulty and they’re not prepared to do anything further at the moment.

What do I do now? I’ve asked for a rent reduction to take into account the faulty boiler. This was a resounding no answer. I can switch the boiler off and have no heating or hot water which is not really a great idea at this time of year.

I could report them but as I have no address then would this get me anywhere considering they’ve emigrated? I’m in contract for another few months so I can’t move out, so am I stuck between a rock and a hard place? In all honestly, I’ve been happy here and would just like the heating fixed. Any advice would be greatly appreciated as I’m not sure what to do next (other than layer up and hope for a mild winter). Thanks in advance for anyone’s thought on this.

jonnygee2

2 weeks later an engineer attends (who asks me to pay as landlord hasn’t) and states boiler is condemnable. He manages to get it working again by relighting the pilot light, but says he doesn’t know how long it will stay lit. He did say that it would not be fixable due to the age, took some photos to put on a gas safe “would you believe it” website and said it was putting out carbon monoxide but not enough to be lethal.

So, I’m stuck with an inefficient boiler on permanently, or no heat and hot water.

You need to turn your boiler off, now.

HampshireH

Starb wrote: »

2 weeks later an engineer attends (who asks me to pay as landlord hasn’t) and states boiler is condemnable. He manages to get it working again by relighting the pilot light, but says he doesn’t know how long it will stay lit. He did say that it would not be fixable due to the age, took some photos to put on a gas safe “would you believe it” website and said it was putting out carbon monoxide but not enough to be lethal. All of this was relayed to the landlord, but all they heard was “boiler is working”.

For the past 3 weeks the boiler has indeed been working .... 24/7. It will not switch off! Being 30 years old, it’s obviously not the most energy efficient either so my smart meter is showing that it’s costing a shocking amount.

Erm...... No legitimate gas engineer will condemn a boiler, leave it on and allow you to live in a property with a carbon monoxide leak. No sensible tenant would allow this and live with an unsafe boiler emitting carbon monoxide.

Your boiler can be switched off. Remove the fuse and turn the gas off. This should not even be an option for you. It is a must.

The call the council. I'm not up on Welsh lets or council services but they will be able to advise. If the above about the gas engineer is 100% factual then I would be reporting them too.

xylophone

Turn off the boiler and the gas.

https://www.gov.uk/private-renting/repairs

Contact Environmental Health.

Find somewhere else to live.

jonnygee2

I could report them but as I have no address then would this get me anywhere considering they’ve emigrated?

Also in terms of this, if your rent is over £100 then you need to register with the non-resident landlord scheme. https://www.gov.uk/guidance/paying-tax-on-rent-to-landlords-abroad#tenants

Why not send the landlord a friendly text after you have registered with them, just to tell him you've registered with HRMC on his behalf?

Starb

Thanks so far for your thoughts.

I admit I’m naive, and believe I have to carry on paying rent as I have a valid tenancy, so can’t afford to go anywhere else. I have no immediate family nearby to move in with, and have a dog so this limits my rental options.

I believe my landlord declares to HMRC, but they have not declared to Rent Smart Wales, nor done anything else a landlord is obligated to do. I’ve ignored this to date as my parents vaguely knew them a few years ago, and I felt they were doing me a favour in letting to me slightly below market rental value.

I wondered if reporting to the council was the right thing to do and it seems that it is. Looks like I’ll be switching the boiler off and using the gas fire I bought until the council offices open in the new year.

Does anyone have any experience of what the council are likely to do? The gas engineer has stated he will provide evidence the boiler is unsafe, but as the landlord now lives abroad and I have no address for them, is there anything they can do?

I’m scared to make a fuss as most houses nearby are £100 more per month to rent, which I simply cannot afford. I don’t qualify for social housing either as I’m a single person earning minimum wage which takes me over the threshold for help.

davidmcn

Have you actually asked your landlord for their new address?

G_M

You've put up with this amateurish behaviour for 18 months? I hesitate to say this but you've brought it on youself! Had you insisted things be done properly frome day 1, you'd have had annualgas checks etc.

Having said that it's no excuse for the landlord.

* No gas safety report for 18 months? report to HSE here.

* have you been given, in wriing, an address in England /Wales "for serving notices on the landlord"? If yes, WRITE to the LL at that address reporting all your concerns, repairing issues etc. If not, stop paying rent. Put the rent to one side until you are given an address. Landlord and Tenant Act 1987 S48

* Contact council re no registration with Rent Smart Wales

* Contact GasSafe with the the engineer's details.

* Contact HMRC (Non Resident [= overseas] Landlord Scheme)

Starb

davidmcn wrote: »

Have you actually asked your landlord for their new address?

They have given me the country they have moved to, which is within the EU. The estate agent they have the house up for sale with doesn’t even have contact details for them. They have been very elusive to date, and a second viewing on the house which has been scheduled has been done through me as the EA cannot get hold of them.

All I can do is keep asking I suppose. I know that if they haven’t provided a valid address then I can withhold rent, but this makes me feel uncomfortable. As soon as the council open after Xmas I shall contact their housing department. Hopefully they can help.

G_M

Starb wrote: »

They have given me the country they have moved to, which is within the EU. .

* have you been given, in writing, an address in England /Wales "for serving notices on the landlord"? If yes, WRITE to the LL at that address reporting all your concerns, repairing issues etc. If not, stop paying rent. Put the rent to one side until you are given an address. Landlord and Tenant Act 1987 S48.


Oh, and as for the boiler, contact EnvironmentalHealth and/ or the Private Tenancy officer and/or Rent Smart Wales.

Starb

G_M wrote: »

You've put up with this amateurish behaviour for 18 months? I hesitate to say this but you've brought it on youself! Had you insisted things be done properly frome day 1, you'd have had annualgas checks etc.

Having said that it's no excuse for the landlord.

* No gas safety report for 18 months? report to HSE here.

* have you been given, in wriing, an address in England /Wales "for serving notices on the landlord"? If yes, WRITE to the LL at that address reporting all your concerns, repairing issues etc. If not, stop paying rent. Put the rent to one side until you are given an address. Landlord and Tenant Act 1987 S48

* Contact council re no registration with Rent Smart Wales

* Contact GasSafe with the the engineer's details.

* Contact HMRC (Non Resident [= overseas] Landlord Scheme)

Thank you G_M.

You are right, it’s my fault for letting it slide. I didn’t want to rock the boat as my parents knew the landlord. They were renting it to me for less than market rental value (but more than their mortgage), so I felt indebted to them. I know myself and my dog will not be able to find another rental as cheap, and that allows dogs so rightly or wrongly I was scared to kick up a fuss. I know I’m putting my health at risk with a faulty boiler, and I work in the NHS, so know full well the implications. But, I’m scared that I won’t be able to find somewhere else.

However, their flippant attitude since reporting the faulty boiler beginning of November has made me see red, and see they’re taking advantage. I have ever intention of speaking to the council as soon as they open, and reporting them for everything I can. I just wasn’t sure how much they would be able to do as the landlord now lives abroad and I only have a mobile number for them. They have not given me an address for this country (or any other).

I truly appreciate all the advice so far.