Landlord not Carrying Out Repairs - Scotland

RWilson90

Hi Everyone, 

I moved into a private rental in Scotland in December 2019 which has storage heating. I did not realise that the property had related meters (one meter with one reading for the storage heating and one for everything else which is split into 2 readings; day and night). I realised quickly that the storage heating on full was not heating the property adequately (the maximum room temperature reached was 15 degrees) and was costing a fortune. It is also extremely difficult to move energy supplier/tariff on this meter set up which has left me trapped.

I notified the landlord in January 2020 that the flat was extremely cold and that there was major draughts coming in the windows. The landlord sent out a handyman to apply draught proof strips to the windows but this didn't work and a glazier has since confirmed that the windows need replaced as the blinds move with the wind coming through them. I stopped using the storage heating altogether and in previous winters relied on trying to heat one room with an oil filled radiator.

However, with the energy crisis and being completely unprotected by the price cap due to the meter setup in the flat I am now paying 57.165p for Day Rate electricity which has meant I cannot afford to put any heating on at all. As I have zero heating on (which the landlord has been made aware of) I was starting to get black mould. I had to buy a dessicant dehumidifier that would work in cold temperatures to control the humidity. This has done a good job in reducing the humidity levels but it is costing a fortune due to the electricity prices and my bill last month was £375 without any heating on. I am sitting daily in temperatures of 10-11 degrees and can regularly see my breath. During cold snaps this has dropped to between 6-7 degrees. I have asthma and heart issues and sitting in these temperatures is horrendous. My mental and physical health is at rock bottom. 

I have been repeatedly asking since January 2020 for the landlord to fix the windows as well as to investigate a way to adequately heat the property. He visited the flat in December 2021 and felt how cold it was and said that he would get an engineer round to quote for gas central heating as well as someone to quote for the windows. I heard nothing after this and to date, nothing has been done to fix these issues. I contacted Citizen's Advice recently who have advised me that they can write to the landlord on my behalf and thereafter I can go to the First-Tier Tribunal for Scotland if no repairs are carried out. I wrote to my landlord a final time before going down this path however I have been met with sarcastic responses and the options that he has given me is to reduce the rent by £50 per month (which he has done in previous years as a quick fix until the bigger issues were addressed), offered for me to move to another property that he has and has asked why I am continuing to stay in a flat I am not happy in and what my long term plans are and whether I want to buy a house. 

I do not want to go down the Tribunal route as I am scared of being evicted, however, I am paying rent and high bills to freeze to death in a flat that doesn't meet standards and is a breach of contract (not wind and water tight), I work full time and earn what would be considered a decent wage, however, with the costs being SO high I am struggling and I have zero access to help as I am not on benefits etc. 

Has anyone gone through a similar experience? Should I sit and suffer in silence or am I fully in my rights to go to the Tribunal? The landlord is clearly offering every option to fob me off and not do the repairs and I am being made to feel as if I am the problem for wanting to live in a warm flat without wind coming in the windows. 

Any advice would be greatly appreciated! 

macman

Why don't you switch your tariff to single rate so that you can at least use the oil-filled rad to heat some of the flat?
It's crazy to spend £375 a month on a humidifier just to counteract the effects of no heating. Better to spend that on heating: with the EBSS rebate it's about £308 a month, which is about right during the winter months. On single rate you will be paying 34p per kWh only.
There is a ban on evictions in Scotland until 9/23, so that's not an option the LL can use at present.

RWilson90

I have asked Scottish Power a few times to give me a note of the single rate tariffs available to me and they keep saying there is nothing they can do as this is just what the costs are. I know from speaking to anyone I know that what I’m paying is crazy money, especially with no heating as you say! I will keep on at them to give me the single rate options!

I thought about putting the dehumidifier off but it’s desperately needed for drying washing etc and it pulls tanks of water a day. 

I didn’t know this about the evictions thank you!

MikeJXE

Sounds to me as your flat is not fit for purpose 

Why not move ?

RWilson90

I have been trying to move for about 2 years now but there is such a high demand for rentals at the moment that it is practically impossible to get one. I’ve sent applications in immediately after viewings and still lost out as the landlord gets to choose who they want. Definitely contributes to the feeling of being trapped! 

ProDave

I had a customer in a similar rented property with similar astronomical bills.  I advised him to give notice and move and take a VERY good look at the EPC and heating system before deciding.

In this case it was an old stone cottage with almost no insulation single glazed wooden sash windows and storage heaters.

The heating system you have was unique to Scotland and is called Total Control Heating.  It sounded a good idea in principle, it gave you a "normal" economy 10 off peak heating system which is your first dual rate meter, and as an addition there was another supply that was always on and always metered at the off peak rate, this is your second electricity meter.  That feed is supposed to only be used for heating appliances which was typically panel heaters in the bedrooms and your electric shower.

The problem with this system is it was only ever offered bu SSE Scottish & Southern Energy.  So it is almost impossible to switch supplier.  And I guess because they have no competition the rates have become very high.  I am not sure how this fits in with the Energy Price Guarantee?

It would be possible for the landlord to convert it to a normal economy 10 system which would allow you to switch supplier.

The one I was involved with had the further complication that the cottage was originally a farm workers cottage linked to a farm complex, and was on a commercial tariff, which is not covered by the EPG and the tenant tried and failed to get it switched to a commercial tariff hence why I advised him to leave and let it be someone elses proiblem.

As rental rules tighten in Scotland, properties like this will have to be improved to get a better EPC before they can be let. But that does not help you right now.

theartfullodger

'phone Shelter Scotland 0808 800 4444 for free advice from the landlord/tenant experts.  Also look at their website for advice.

In particular lookup housing FTT tribunal where you can drag your stupid landlord.

Is he registered?  If not fine possible up to £50000.

Artful: Scottish Landlord since 2000

theartfullodger

See...
https://scotland.shelter.org.uk/housing_advice/repairs/rights_responsibilities_private_tenancy
&
https://scotland.shelter.org.uk/about_us/contact_us
&
https://www.housingandpropertychamber.scot/repairs

RWilson90

ProDave said:

I had a customer in a similar rented property with similar astronomical bills.  I advised him to give notice and move and take a VERY good look at the EPC and heating system before deciding.

In this case it was an old stone cottage with almost no insulation single glazed wooden sash windows and storage heaters.

The heating system you have was unique to Scotland and is called Total Control Heating.  It sounded a good idea in principle, it gave you a "normal" economy 10 off peak heating system which is your first dual rate meter, and as an addition there was another supply that was always on and always metered at the off peak rate, this is your second electricity meter.  That feed is supposed to only be used for heating appliances which was typically panel heaters in the bedrooms and your electric shower.

The problem with this system is it was only ever offered bu SSE Scottish & Southern Energy.  So it is almost impossible to switch supplier.  And I guess because they have no competition the rates have become very high.  I am not sure how this fits in with the Energy Price Guarantee?

It would be possible for the landlord to convert it to a normal economy 10 system which would allow you to switch supplier.

The one I was involved with had the further complication that the cottage was originally a farm workers cottage linked to a farm complex, and was on a commercial tariff, which is not covered by the EPG and the tenant tried and failed to get it switched to a commercial tariff hence why I advised him to leave and let it be someone elses proiblem.

As rental rules tighten in Scotland, properties like this will have to be improved to get a better EPC before they can be let. But that does not help you right now.

Thank you for your response and explanation about the Total Control Heating. Trying to get my head around the meter set-up has been a total nightmare as I had never heard of it before moving into the property. My property is also stone with zero insulation. Today, for example, it was warmer outside than inside! I do have double glazing but the seals are broken and they are not windtight. It sounds as if I am in a similar scenario with the tariff not being covered by the EPG. Essentially, Scottish Power can decide what they want to charge. I have emailed them to enquire about going onto a single rate tariff which would remove the Day & Night rates and perhaps allow me to finally be covered by the EPG. 

I did decide a long time ago to move as the ultimate fix but it has been dog eat dog with trying to get a rental property, not to mention how high the rents have got. I have applied for multiple properties, some as soon as I have left the viewing, and still not got them as there are so many applicants. Insanely infuriating and feels like constant closed doors!

RWilson90

theartfullodger said:

'phone Shelter Scotland 0808 800 4444 for free advice from the landlord/tenant experts.  Also look at their website for advice.

In particular lookup housing FTT tribunal where you can drag your stupid landlord.

Is he registered?  If not fine possible up to £50000.

Artful: Scottish Landlord since 2000

Thank you so much! I tried to call Shelter Scotland today on my lunch break but was on hold for so long I had to hang up and go back to work. They must have a lot of calls at the moment & I am not surprised! 

He is registered yes. I have looked up the Tribunal and I believe I would have a case but the landlord has been a little intimidating asking me what I am trying to achieve by going down this path and that I don't want the stress of this. He has lied about repairs that he said he would look into to fob me off as well as offering any other option bar fixing the flat so it is up to standard. 

The Shelter Scotland pages were super helpful thank you! I see that I can also write to Environmental Health at the Council as it is affecting my health so I will also do this. Citizen's Advice have said they would write to the landlord but Environmental Health might be a good first option before Tribunal. 

Another unfair part of this is that I have been paying full rent for a flat that is in breach of contract & the Repairing Standard. Feel like I should get some of that compensated!