Compensation for no hot water for six weeks

Eusebius32

I live alone in rented accommodation, paying an estate agent £775/month. The boiler broke in April and was not fixed for six weeks, leaving me without hot water for this time. Heating is electric and at this time of year would not have been an issue anyway, but six weeks without hot water during an extremely stressful time at work was a huge inconvenience and the endless emails/phone calls etc with people who didn’t seem to care had a very negative affect on my mental health.

I have made an official complaint and am currently in stage two of the process, the next being to go to an independent ombudsman. The estate agent offered me £150 compensation but from the landlord they represent and not from their company. I believed this to be dishonest so declined.

At this point I don’t really care about the money but am just furious that they could leave me feeling so awful and be so obnoxious and potentially even criminal in the way they have dealt with this.

I’m just wondering what would be reasonable as an offer from them, in terms of refund of rent and/or compensation, when I hear back from them regarding the second stage of the complaint, and if it would be worth taking it to the next level.

Thank you

AdrianC

Eusebius32 wrote: »

The estate agent offered me £150 compensation but from the landlord they represent and not from their company. I believed this to be dishonest so declined.

It doesn't matter who the money comes from - you've been offered £150 compensation, and declined it.

Ultimately, it is the landlord that your contract is with, and who is responsible. He chooses to hire an agent, but that doesn't move his responsibility to you.

An amount of around a week's rent is hardly unreasonable. You had other ways of heating water.

Eusebius32

Thanks for your advice. Surely though, if the landlord is paying an estate agent to manage the property and they fail to complete maintenance for such a long time then the responsibility falls on them? I feel that it was unfair for them to even ask the landlord to pay for their own poor service.

I should point out that the repair was only eventually completed after I got the council involved - it could have gone on much longer than six weeks.

AdrianC

Eusebius32 wrote: »

Surely though, if the landlord is paying an estate agent to manage the property and they fail to complete maintenance for such a long time then the responsibility falls on them?

Not to you, no.

The relationship between agent and landlord is PURELY between agent and landlord. If the agent have failed to deliver the landlord's responsibilities, the landlord is the one to hold them responsible. You hold the landlord responsible.

I feel that it was unfair for them to even ask the landlord to pay for their own poor service

So the landlord shouts at them and tells them to knock the £150 off their next bill to him, or lose his business.

csgohan4

OP if it isn't about the money, why decline £150 which is not unreasonable, how much would you be happy with? You still had a roof over your head and still had heating which was a bonus.


My parents had to wait 6-8 weeks for a new boiler when theirs broke down, had to boil kettles and use an electrical heater and their in their late 70's.


What shall we do without Hot water from a tap?? Man has survived since the start without a combi boiler.


There some fights to fight and others just not worth your time, is this one of them??


OP when you own your house and need a new boiler, let me know how long it takes to get a new boiler from a reputable plumber

sheramber

At this point I don’t really care about the money


Then why ask
I’m just wondering what would be reasonable as an offer from them, in terms of refund of rent and/or compensation,

What do you think is reasonable?

anselld

Eusebius32 wrote: »

Thanks for your advice. Surely though, if the landlord is paying an estate agent to manage the property and they fail to complete maintenance for such a long time then the responsibility falls on them? I feel that it was unfair for them to even ask the landlord to pay for their own poor service.

I should point out that the repair was only eventually completed after I got the council involved - it could have gone on much longer than six weeks.

You have not understood the definition of “Agent”.

bigisi

Of course it's about the money but OP thinks his furiousness is worth much more than a poxy £150, he's going for squillions of compo!

need_an_answer

OP why do you specifically think the agent is at fault and should pay you rather than the LL?

The contract you have for a tenancy is between yourself and the LL.
The agent is employed by the LL and acts on their instruction.
If any compensation is due to you then it should be an offer made to you by the LL.
if the LL then feels he's been misrepresented by his agent then that's a matter for him to dispute with the agent.


I'm at a loss as to why you wont accept the settlement from the LL...I would consider that a fair outcome TBH

Exodi

Hahaha, my sister tells me of the 'it's the principle' argument made to her on a daily basis at the supermarket she works.

Typically elderly customers walking out the shop and coming back minutes or even hours later to complain about being short changed a few pence. It's a running joke with her colleagues of customers asking for money for some form of inconvenience whilst simultaneously championing how it's not about the money (you can be damn sure they're not leaving without that 10p).

I'll be honest, and I may have MSE'ers raise their eyebrows at this; I'm getting really tired of people trying to strengthen their arguments by mentioning mental health.

Eusebius32 wrote: »

The boiler broke in April and was not fixed for six weeks

Eusebius32 wrote: »

had a very negative affect on my mental health.

saajan_12

Eusebius32 wrote: »

I live alone in rented accommodation, paying an estate agent £775/month. - you're paying the LL for accommodation. The LL is effectively the cashier at the supermarket. Just because they handle the money doesn't mean they're gaining £775/mo. The boiler broke in April and was not fixed for six weeks, - houses are like that, sometimes repairs take long. The point is was everything followed up in a reasonable timeframe. leaving me without hot water for this time. Heating is electric and at this time of year would not have been an issue anyway, but six weeks without hot water during an extremely stressful time at work was a huge inconvenience and the endless emails/phone calls etc with people who didn’t seem to care had a very negative affect on my mental health. - none of this is relevant. If the LL didn't ensure he or his representative acted into a reasonable timeframe then you may be justified in claiming your inconvenience / out of pocket costs. However they don't have to "care" or worry about your work stress.

I have made an official complaint and am currently in stage two of the process, the next being to go to an independent ombudsman. The estate agent offered me £150 compensation - so about 15% of your rent for the entire time it took to be fixed. Considering you still had a place to store belongings, live in a heated home, sleep, cook, etc that's more than fair. Plus some time to repair is to be expected, you should only be claiming if it took LONGER than reasonable. Since we don't know the actual problem, lets say 4 weeks was reasonable to get a diagnosis, order parts, and actually fix. Then you'd be due some compo for ~2 weeks no hot water but still having all the other services, so ~£50. but from the landlord they represent and not from their company. I believed this to be dishonest so declined. - Its the LL who is responsible for the condition of the property. The fact that he employs someone else is not your business. Besides it could have been the LL delaying matters by looking for a cheaper solution or being awol when the LA needed approval to do works.

At this point I don’t really care about the money - then take the £150 as it teaches them a lesson and donate it to charity. No? Then you do care about the money. but am just furious that they could leave me feeling so awful and be so obnoxious and potentially even criminal in the way they have dealt with this. - they don't need to talk to you nicely. How do you get to criminal though?!

I’m just wondering what would be reasonable as an offer from them, in terms of refund of rent and/or compensation, £50. From the LL. when I hear back from them regarding the second stage of the complaint, and if it would be worth taking it to the next level.

Thank you

I think you're being unreasonable.
Firstly, if anyone, it would be the LL who has received rent for that period when you didn't have full use of the property, and its the LL that you have a contract with. The agent is a stranger to you so owes you nothing.

Secondly, you're not guaranteed a perfect property when renting. You have the use of a house, which should be repaired in a reasonable time when needed. So much of that 6 weeks would have been inevitable, so you're not due anything there. Plus, you still had use of the rest of the property for storage, cooking, sleeping etc. You could have solved your problem entirely with a £30 gym membership for hot showers. So your £150 is more than generous.