How to estimate compensation for no hot water

2degtar

Hi team,

I hope the quarantine is going well. I rent in London and we are having some issues with the management agency/landlord. The boiler (used for hot water and heating) has been faulty since we moved here 6 months ago. The agency has been dragging the issue and giving us different excuses regarding why they can't fix it or how they are trying (such as saying that they need approval from the landlord and he doesn't respond). We are happy to pay for a new boiler upfront (650£) but the contractor won't do it with the approval from the agency.

As a result of all these issues, I haven't been able to shower at home for a long time and I've been showering in a gym that is 20m away from home. Due to the heating not working, I spent most of the winter being sick. During the last two weeks, I've been working from home to reduce exposure to the virus. However, they closed the gym yesterday (following government ruling) and I will have to go to the office to take a shower there. That means not only wasting money and time but also exposing myself and others. All this issue is also having an impact on my mental health, which doesn't help either.

Following internet advice, I sent a complaint to the agency and then to the Housing Ombudsman (around 3 months ago). Back then I asked for a very small compensation since I was hoping the agency will fix the issue soon. The Housing Ombudsman contacted me saying that they have all the info they need and they are going to make a decision within 90 days. At this stage, I wonder if it is going to be fixed, and even if that is the case, it may be by the time I need to leave the flat. Therefore, the main focus now is for me to get fair compensation for all the issues created. I have emails and reports so I think it should be straight forward to demonstrate my point. However, I'm not sure how to calculate a fair compensation and how the law works (e.g. will a lawyer house be happy to take my case and get paid a % of the compensation? if so, do you have any recommendation?).

Best,

2dt

 

greatcrested

The ombudsman will look at how the agent has acted, and whether they have done so in accordance with the relevant Code of Practice. You say they are "saying that they need approval from the landlord and he doesn't respond" which is perfectly plausible.Provided they have passed the information on to the landlord in a timely manner, that is their duty. The agent simply acts on the LL's instructions. If they do not have the LL's authority to spend his money on repairs without his say-so, they cannot.

So I suspect the ombudsman will rule that the agent has not acted improperly. Of course, I may be wrong and/or the circumstances may not be precisely as it appears.

Personally, I think you should be focussing your efforts on getting the repairs completed, not on seeking compensation (at least not for now).

Have you reported the issue, in writing (by letter) to the landlord, at the address provided? If no response, when /how often did you follow up with further letters to the landlord?

Have you reported the matter to Environmental Health?

Have you considered using the Shelter process (follow it precisely!) to arrange the repairs yourself and deduct the cost from the rent. Be aware you must follow the process exactly or risk rent arrears....

2degtar

Hi greatcrested, thanks for your answer. The address provide is incomplete, we tried looking in the internet and it doesn't point to any specific address (the landlord is from east asia). I also tried with his name in Linkedin/FB but it is quite common name.
I will report to Environmental Health and Shelter, thanks for that info.
The ombudsman said the agent didn't answer to their Qs either, so I would say we have a fair chance to win. However, my main Q is about compensation, and following your response it does look like you are suggesting the landlord is the one that should pay. In any case, any view re lawyers and so on?
Cheers,
2dt

greatcrested

2degtar said:

Hi greatcrested, thanks for your answer. The address provide is incomplete, we tried looking in the internet and it doesn't point to any specific address (the landlord is from east asia). I also tried with his name in Linkedin/FB but it is quite common name.
I will report to Environmental Health and Shelter, thanks for that info.
The ombudsman said the agent didn't answer to their Qs either, so I would say we have a fair chance to win. However, my main Q is about compensation, and following your response it does look like you are suggesting the landlord is the one that should pay. In any case, any view re lawyers and so on?
Cheers,
2dt

If you have not been provided with a proper postal address for the landlord, in England/Wales, for the purpose of serving notices, you do not have to pay rent. If you withold rent, keep it to one side as you will need to pay it once the address is provided.

Landlord and Tenant Act 1987 S48

48Notification by landlord of address for service of notices.

(1)A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant.

(2)Where a landlord of any such premises fails to comply with subsection (1), any rent [F204, service charge or administration charge] otherwise due from the tenant to the landlord shall (subject to subsection (3)) be treated for all purposes as not being due from the tenant to the landlord at any time before the landlord does comply with that subsection.

Your contract is with the LL.If compensation is due, it is from the LL.

A lawyer will cost you far more than any compensation you might receive. If you decide to proceed (not my recomendation!), use moneyclaim online.

2degtar

I had a look at the contract and it says:
(The Landlord’s actual address in the world should be shown as well as the address in England and Wales to comply with Section 48 of the Landlord and Tenant Act 1987) The address in England and Wales for service of notices under the Landlord and Tenant Act 1987 Section 48 is as follows: *************************************

"****..." being the address of the agent. I had a look at section 48 and it means I should use that address to notify the landlord about any issues, which I've been doing (e.g. the complaint was sent to that address 3 months ago). I will contact the environmental health deparment today and see what is next.
Thanks

silvercar

How long is your contract? Is there a break clause?

greatcrested

2degtar said:

I had a look at the contract and it says:
(The Landlord’s actual address in the world should be shown as well as the address in England and Wales to comply with Section 48 of the Landlord and Tenant Act 1987) The address in England and Wales for service of notices under the Landlord and Tenant Act 1987 Section 48 is as follows: *************************************

"****..." being the address of the agent. I had a look at section 48 and it means I should use that address to notify the landlord about any issues, which I've been doing (e.g. the complaint was sent to that address 3 months ago). I will contact the environmental health deparment today and see what is next.
Thanks

No idea what you/the contract mean by "The Landlord’s actual address in the world should be shown as well as the address in England and Wales to comply with Section 48 ". This is clearly rubbish. Read S48 (1). It is very clear.

Since the contract specifies the address of the agent, which is in Eng/Wales, that complies with the Act. I hesitate to be pedantic, but have you been writing to the landlord (not the agent) at that address? And writing, not emailing or similar?

Let us know how you get on with EH.