EH Called, Landlord ignored

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    EH Called, Landlord ignored

    Hi,

    I recently called out the Env Health about damp and lack of heating in my rented property. They said that although heating does not need to be supplied, execess cold and damp is a problem under HHSRS. The letting agents keep coming back with 'we never told you there was heating'. I have kindly pointed out that I saw what appeared to be a thermostat and 2 heaters (1 in bathroom, and one of the bedrooms) Since moving in the 1 in the bathroom has gone and I find that there is not others apart from the one in the b/room. I have asked about terminating early due to these issues and many other problems that i have experienced in the 2 months i have been there. LA take the stance that i am being picky and will not let me out of the contract without some extortionate fees. Am i being picky? I feel i was misinformed about the property and EH agree there are issues...

    #2
    Misinformed how? Did you examine the property before accepting it and moving in? Did you ask questions?

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      #3
      Both my friend and I inspected it at the viewing, but didn't think to ask about the heating as it appeared that there was heating. Neither of us thought that the rest of the property would not be heated. And only after moving in did we discover that after they rewired the porperty, they had removed the bathroom heater. I know that maybe i should of asked about heating, But as we both saw at least 2 different heaters and a thermostat, we (obvisouly wrongly) though it was heated througout. Environmental health have said that there are issues with the lack of heating and the fact that the windows are in poor condition and that there is a lack of insulation. They listed it as excessive cold in the report.

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        #4
        You can buy portable heaters and take them with you when you move.

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          #5
          I have done this, but still feel that they should have mentioned the fact that it was unheated. The EH still feel that it was down to the landlord to protect the tenants from execessive cold. Something which the letting agents and the landlord seem to ignore when I bring it up. I know that law stated that they only need supply a way of ebing able to heat the property -ie sockets for heaters. But this is obviously not possible for the bathroom, not to mention dangerous.

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            #6
            Originally posted by totalhysteria View Post
            but still feel that they should have mentioned the fact that it was unheated
            No! A landlord does not have to say "oh by the way, there's no heating". In the same way a landlord does not have to say "there's no external TV aerial" or "there is no lock on the bathroom door".

            It is up to you when viewing to decide what you require and ask the necessary questions. If you do not receive satisfactory answers, that’s the time to walk away.

            I am glad that you have bought portable heaters. Suggestion: Buy an extension cord so that the heating unit reaches the bathroom.

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              #7
              I did suggest having a heater in the bathroom but EH said that his would be dangerous. Do i have any grounds to complain about the removal of something that was there on the viewing? I know this all sounds quite petty, but put with all the other issue i have had with the property, i feel a bit ripped off!

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                #8
                I would insist that the bathroom heater was put back as it was there when you viewed.

                My guess is that it probably wasn't working which is why they took it out in the first place and they'd have to buy a new one and have it fitted. It sounds like this LL is doing all he can to avoid doing repairs or laying out money on providing heating. Not much you can do about the rest though. Next time, forewarned is forearmed.

                I'd get out as soon as you can.

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                  #9
                  Sounds like a NY slum landlord - "I never promised you four walls. Get a blanket to block the wind and snow in the missing wall."
                  ASSUME NOTHING - QUESTION EVERYTHING!

                  Comment


                    #10
                    Originally posted by Paragon View Post
                    Sounds like a NY slum landlord - "I never promised you four walls. Get a blanket to block the wind and snow in the missing wall."
                    Four Walls do not a Lyons Made.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

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                      #11
                      Originally posted by jeffrey View Post
                      Four Walls do not a Lyons Made.
                      I thought I said snow not ice.
                      ASSUME NOTHING - QUESTION EVERYTHING!

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                        #12
                        I think it more a case of your EHO's burying their heads in the sand. Under Part 1 of the Housing Act 2004 a local authority can require a landlord to install both efficient heating and effective insulation. Efficient heating is defined as any programmable central heating or storage heaters. Programmable heating is where the timing and temperature of the heating can be controlled by the occupants.

                        Under Part 1 it is always the ideal that should be met. There have been a few appeals by landlords to the Residential Property Tribunal (RPT) about enforcement notices relating to heating and asking landlords to implement it. The landlord lost the appeal every time.

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                          #13
                          What do you do for hot water? Do you have an immersion? I had a tenant in for a month - boiler went - beyond repair! Had installed new boiler within 4 days. Do you mean to say I didn`t have to!!!! (Wouldn`t have occured to me not to!)

                          Rachel

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