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Communal Heating dispute -- council flat in privately-owned building

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  • user1977
    user1977 Posts: 17,940 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    The OP might want to clarify, but I'm guessing they're paying a fixed amount (as part of their rent) for the benefit of heating which they're no longer getting, whereas the leaseholders are benefiting from being miserly with the communal heating. And it sounds like they don't have any other (fixed) heating appliances they can turn on anyway - which their landlord is probably expected to provide. So probably some arguments there.
  • deannagone
    deannagone Posts: 1,114 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    edited 18 October 2022 at 9:36PM
    In the past I have used two duvets if one isn't warm enough (£10) - also useful for snuggling into if cold before you need to sleep.  Passive warmth that costs nothing.

    Also find out if there is an EPC certificate for your property https://www.gov.uk/find-energy-certificate .  I did the same (cold property) and discovered the one for my property has expired (they are valid for ten years). LL's with a large number of properties can get away with assessing properties a whole block at a time but they are supposed to personally assess a sample of properties.  When I asked my council which properties they assessed when they seemingly assessed the whole estate (on paper I suspect), suddenly they wanted to come round and look at my place lol. Then you can get your flat reassessed and start pushing the council to do some of the things the EPC says needs to be done. 

    I'd also be contacting MP/councillor about getting double glazing installed asap and explain the lack of heating situation to them.  You could also find your council's official complaints page on their website and complain about the lack of heating.  They have to reply. 

    I also am installing insulating wallpaper in my property on exterior walls.  Its £12.99 a roll, and having used it before in my previous cold place, it was instantly warmer.
  • Jude57
    Jude57 Posts: 738 Forumite
    Ninth Anniversary 500 Posts Name Dropper
    In the past I have used two duvets if one isn't warm enough (£10) - also useful for snuggling into if cold before you need to sleep.  Passive warmth that costs nothing.

    Also find out if there is an EPC certificate for your property https://www.gov.uk/find-energy-certificate .  I did the same (cold property) and discovered the one for my property has expired (they are valid for ten years). LL's with a large number of properties can get away with assessing properties a whole block at a time but they are supposed to personally assess a sample of properties.  When I asked my council which properties they assessed when they seemingly assessed the whole estate (on paper I suspect), suddenly they wanted to come round and look at my place lol. Then you can get your flat reassessed and start pushing the council to do some of the things the EPC says needs to be done. 

    I'd also be contacting MP/councillor about getting double glazing installed asap and explain the lack of heating situation to them.  You could also find your council's official complaints page on their website and complain about the lack of heating.  They have to reply. 

    I also am installing insulating wallpaper in my property on exterior walls.  Its £12.99 a roll, and having used it before in my previous cold place, it was instantly warmer.
    Thanks for the energy certificate page link. It's interesting, if understandably inaccurate. I accept that recent changes wouldn't be reflected but it's still inaccurate in material areas, even allowing for that.

    My 2nd floor flat is described as rated D based on having no cavity wall insulation and no energy saving lights. My flat actually has both, cavity wall insulation having been installed earlier in the year. How the so- called assessor knows what kind of lighting I have chosen without an inspection is another thing entirely. Even if he was referring to the communal areas of my block, the lighting was upgraded to energy efficient, motion-sense lighting last year, as part of extensive works to the communal areas. There are some stated assumptions but it seems to me that the assessor has made many more than are admitted.

    I realise that, like any periodic assessment, it can only assess based on the situation on the day but the stated assumptions are actually the things that put my flat into the C rating, not the recent upgrades. So for me, I assess the scheme as 'interesting but not accurate'.
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    user1977 said:
    The OP might want to clarify, but I'm guessing they're paying a fixed amount (as part of their rent) for the benefit of heating which they're no longer getting, whereas the leaseholders are benefiting from being miserly with the communal heating. And it sounds like they don't have any other (fixed) heating appliances they can turn on anyway - which their landlord is probably expected to provide. So probably some arguments there.
    The OP stated in their original post that their rent includes whatever heat/hot water they use from the communal system. They have stated they dont want to pay anything extra for heating which does leave a question mark as to if there are other heating appliances (fixed or otherwise) that the OP could be using at their own cost but doesnt want to.

    I would imagine this isnt going to end up with the outcome the OP wants... I doubt their tenancy agreement states that the rent includes all heating, just heating from the communial system, and so if the council were to fit alternative heating mechanisms then it'd be for the OP to fund running them. The council will just be one voice on the council (maybe with more than one vote) who decide when the communal system operates and so are unlikely to be able to force the heating to be turned on earlier.
  • user1977
    user1977 Posts: 17,940 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    user1977 said:
    The OP might want to clarify, but I'm guessing they're paying a fixed amount (as part of their rent) for the benefit of heating which they're no longer getting, whereas the leaseholders are benefiting from being miserly with the communal heating. And it sounds like they don't have any other (fixed) heating appliances they can turn on anyway - which their landlord is probably expected to provide. So probably some arguments there.
    I doubt their tenancy agreement states that the rent includes all heating, just heating from the communal system
    Yes, but I am guessing their rent was fixed at a level which assumed the communal heating would provide all the heating they would reasonably need (not much point having such a system otherwise). 
  • silvercar
    silvercar Posts: 49,650 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    edited 19 October 2022 at 3:52PM
    This website, that I found on google, gives details of what the landlord is obliged to provide. If there is heating but the tenant can't access it, then complain to the landlord ie the council if a council tenant. How the landlord persuades the management of the block to turn the heating on isn't a tenant problem. The council either needs to provide heating via existing devices or provide alternatives. Of course, if the council provided electric radiators, then the tenant may be liable for the electricity required to run them, though arguably if the tenancy agreement includes the cost of heating this could also be argued to be a landlord responsibility. In the first place, I would contact the council and complain that the heating isn't switched on.

    https://www.cover4insurance.com/news/heating-what-are-the-legal-requirements-for-landlords#:~:text=The law makes it clear,installations in a rental property.

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  • user1977 said:
    The OP might want to clarify, but I'm guessing they're paying a fixed amount (as part of their rent) for the benefit of heating which they're no longer getting, whereas the leaseholders are benefiting from being miserly with the communal heating. And it sounds like they don't have any other (fixed) heating appliances they can turn on anyway - which their landlord is probably expected to provide. So probably some arguments there.
    The OP stated in their original post that their rent includes whatever heat/hot water they use from the communal system. They have stated they dont want to pay anything extra for heating which does leave a question mark as to if there are other heating appliances (fixed or otherwise) that the OP could be using at their own cost but doesnt want to.

    That's pretty much it.

    Unless I go out and buy some electric heaters, that is the only source of heating in my flat -- it's radiators, but the boiler is shared and so ultimate control is in the hands of the building owners. 

    So, it's a bit like having and paying for gas central heating, but being denied use of it and having to buy an electric heater instead.

    So, to recap...

    All year round a portion of my rent covers the communal heating and hot water system, and it usually runs from mid October until about April or May. We don't get a reduction in the summer months -- it's the same all year round.

    As far as I am aware, leaseholders pay their share of this cost in their lease fees -- and many of them complain it's always too high. My council is a leaseholder, so they pay their fee to the board, and they claw it back from me through the rent.


    Since I posted this (and I forgot I posted it) I spoke to my housing officer, who agreed that any change in policy should have been put in writing to both the tenants and the council -- and it seems this has not been acted on. I'm waiting to find out what happens next -- she says that, if I'm not getting what I used to get, there's a case to claw back some of the money -- we shall see.






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