Warm Front Grant - 1997

MPotsides

Hi,

Back in 1997 I had a new boiler/central heating system in my flat, under what I assume was the 'Warm Front Grant' or the equivalent.
The flat did not have any central heating and only had a gas boiler with a spout in the bathroom.

I read somewhere that after 2 years the responsibility for the maintenance of the boiler, central heating and hot water, passes to the landlord.

Is this correct, and can someone point me to any documentation that confirms this?

Any information would be gratefully appreciated.

Thanks in advance

Regards

MP

WhenIam64

I read somewhere that after 2 years the responsibility for the maintenance of the boiler, central heating and hot water, passes to the landlord.

It was always with the landlord from day 1.

Section 11 LTA 1985

MPotsides

Hi WhenIam64,

Thanks for the time you have taken and your quick reply.

Does this still apply when the original rental contract, back in 1971, says there is no central heating?

The boiler was installed via Local Environmental Health services, and has been difficult getting any information from them.
Is there a document that states the terms of a warm front?

Many thanks in advance

Regards

MP

WhenIam64

Are you the tenant or the landlord?

MPotsides

Hi

I am the tenant

WhenIam64

It's an odd one.

Anything that is not moveable as described in the LTA 1985 is the responsibility of the landlord, essentially as you can't take it with you when you move. The same would apply to the boiler.

The landlord could argue that it was retrofitted and you "could" take it with you when you move, but I doubt it would stand scrutiny in the courts. I would see if there is a local housing charity that would be able to give you some case law on it (as it is likely to have happened before)

The Warm Home Grant issue is irrelevant as the Landlord would have had to agree to have something installed in his property as he/she was getting betterment from its installation.

Has the Landlord ever produced a Gas Safe certificate?

MPotsides

Hi

Last week the landlord sent a gas engineer to provide a Gas Safety Certificate for the FIRST time since the boiler was installed, in December 2010.

The boiler was faulty so I asked the engineer to fix it.
He managed to get the central heating working but the hot water is not.

Regards

MP

WhenIam64

So the LL now has accepted there is a responsibility for the boiler and has met it by getting a Gas Safe Cert. So if you look at the LTA 1985 from the Shelter link about the standards of repair it says

Standards for section 11 repairs
The repairing obligations implied by section 11 are subject to the qualification that in determining the standard of repair, regard must be had to the age, character, and prospective life of the dwelling house and the locality in which it is situated.[15] To some extent, the standards of repair required by section 11 are limited by this provision. The limitations do not allow the landlord to escape liability for repair but means that the property does not have to be put into a perfect state. It should be repaired to a standard that would make it fit for occupation.[16]

Is the repair to a standard that allows it to continue to be fit for occupation?

There is another check as well as the Gas Safe to be done, and that is Minimum Energy Standards.

https://energysavingtrust.org.uk/about-us/news/minimum-energy-efficiency-standards-private-rented-sector

So your question opens up more issues for you than it solves. You'll need to decide if the repairs have succeeded in making the home fit for occupation. Then there is the issue of whether the house meets energy standards.

If you were to complain to your local council about the conditions, it might mean that the Landlords ability to rent might be withdrawn until repairs / energy efficiency work is carried out. The implication being having to move to temporary accommodation / new rented accomodation.

Examples of improvement measures include installing floor insulation, low energy lighting, increasing loft insulation, or changing to a more efficient heating systems.

If you like where you live, and if you have a good relationship (seems you have) then a nudge to the landlord to go in the right direction may be the best way forward.

As mentioned before, have a chat with a local charity or Shelter before you make anything official.

MPotsides

Thanks WhenIam64.

WOW!!!
A lot to read and mull over.

I was not aware of how much the property has been neglected.
The property is definitely NOT fit for occupation?

No doubt there will be more to follow....

In the meantime thank you again for all your help and advice which is very much appreciated.
A simple thank you is not enough.

Regards

MP