Rights for Compensation

BestG

Hi there, looking for some advice. The property we rent for LL has a 2 year tenancy agreement 2018-2020. The boiler broke down Apr 2019 (boiler over 20yo and parts obsolete) her boiler cover wrote off the boiler and advised it needed to be replaced, in the mean time we had a temporary fix in order to give us hot water and heating but was advised this is costly on bills and would not last but boiler should be replaced. The LL ignored advice and the replacement of the boiler and stated because we have hot water and heating she is covered despite it being a temporary fix. Come January 2020 the boiler packs up, at the time our child was unwell, it was extremely cold and unbearable. None of the emergency breakdown services would attend due to the history that the boiler needs replacing, it is over 20yo and parts are obsolete. Therefore, we were left in a dilemma. We had to spend a night at a hotel to get washed and some warmth. 

LL had no choice but to replace the boiler which was done after 6 days. Knowing that the LL ignored this issue from April 2019, the boiler being obsolete and over 20yo, I feel we deserve some sort of compensation. 

Does anyone know where we would stand on this please? 

pramsay13

Getting a replacement boiler installed within 6 days is pretty impressive.
Even if you owned your own home these kinds of things happen and you may have had to spend a few days without decent heating and washing facilities.
I assume you could wear extra layers to keep warm and boil a kettle to wash dishes or have a quick wash.
If anything you could maybe ask for 6 days worth of rent back, so 6/31 of what your January rent was.

BestG

I agree it was very impressive to get the boiler replaced that quickly at the work of the management company because of the boilers history. However, this was only done because of the history of the problems we had 9 months ago knowing full well she had to replace it. The LL is refusing to give compensation. I just feel this is not right considering the boilers age and being told that the boiler needs replacing. Unacceptable to treat tenants this way. 

We would just like to know where we stand on this. 

pramsay13

Our boiler was old when we moved into our house around 15 years ago so it is 25+ years old.
We were told around 10 years ago by one of the big energy firms as we were on a maintenance contract that it needed replacing.
It seems it is easier for them just to write it off and try and get you to buy a new one.
We no longer have the maintenance contract but just get a local firm to service and provide a safety certificate.
Over the years there have been a couple of things needing done and we are conscious that it will not last forever, but while we are still able to repair it rather than replace it we will do.
As long as it was working and safe your landlord has not done anything wrong to wait until it actually stopped working and needed replaced. 

lincroft1710

You have no automatic right to compensation. All you can do is take your landlord to court for out of pocket expenses, which will cost you and you are not guaranteed to win and is almost certain to lead to your tenancy not being renewed. Which as you now have a home with a new boiler might not be a good idea

BestG

As far as the facts go;

the LL was told by qualified professional plumbers that the boiler is obsolete and needs to be replaced. 

The boiler had temporary heating and hot water because the boiler needed to be replaced.

The boiler went and the LL was informed this needed to be replaced. Therefore, she has ignored expert advice on replacing the boiler which has affected us, the tenants. The LL has a legal obligation to ensure the property is in good working order. 

I have found the housing ombudsman which you forward your evidence onto. Seems like we might be able to claim back some compensation after all  

So anyone who is out of pocket due to LL trying to save themselves money and refuse to compensate you, please write to the housing ombudsman who are able to support you in ascertaining compensation. 

We definitely do not want to renew our contract either, this is only 1 of many issues we’ve had, so we are looking forward to ending our contract with the LL. 

[Deleted User]

BestG said:The LL has a legal obligation to ensure the property is in good working order. 

I have found the housing ombudsman which you forward your evidence onto. Seems like we might be able to claim back some compensation after all 
So anyone who is out of pocket due to LL trying to save themselves money and refuse to compensate you, please write to the housing ombudsman who are able to support you in ascertaining compensation. 

I doubt you'll get any joy from this Ombudsman. They are there to resolve disputes, not award "compensation". 

As already mentioned, the most you will realistically receive is  6 days worth of rent back, so 6/31 of whatever  your most recent rent amount was. 

Will it be worth it, considering the likely animosity created? 

BestG

Absolutely, it will definitely be worth being compensated for what we went through. It is the LL who has created the animosity by not doing the right thing in the first place and refusing to offer some sort of compensation. My first question was where we stood on this situation not on what our relationship would be with the LL afterwards. We are not interested in renewing the tenancy. Please understand we did not ask about what it will cause between us and the LL, the animosity is already there with the LL for other reasons. 

As stated before, we have found a way forward whereby the ombudsman are helping us. They’ve noted the LL should’ve replaced the boiler before and didn’t, left us with no hot water and heating in colder month and has caused disruption in our tenancy. Several engineers viewed that boiler and all in which had the same reaction to its age. Furthermore, the EPC rated E 8 years ago with recommendation to replace boiler. So, the temporary fix where the pilot light had to be on constantly to provide hot water and heating was extremely costly for us a whole 9 months when this should’ve been replaced in April! .... need we say more!?! 

We’re LL ourselves and we definitely look after our rental property and tenants. 

Once again, we are getting the support from the Ombudsman 👍🏼 

[Deleted User]

BestG said:

Once again, we are getting the support from the Ombudsman 👍🏼 

The Support you get from the Ombudsman is not likely to end with "compensation" being awarded. You have no automatic right to compensation and the Ombudsman has no legal power to enforce any such payment if your landlord refuses to pay. 

As already noted, you'd have to take this to court and prove your out-of-pocket expenses. 

BestG

Well, we will get the support and advice from them. 

Thanks for your time 

BestG

We will see 👍🏼