No hot water, yet again!

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    No hot water, yet again!

    Hello everyone,

    I recently moved into a new flat. And from the very first day I've had issues with the LL. Very irresponsible, makes me deal with what is supposed to be HIS work (calling the furnishing company for example). Whenever I have an issue with the flat, such as broken blinds, he just tells me to call his handyman. Yesterday when I got back home in the evening, I discovered that my door was open, and I was unable to close it and lock it afterwards. I contacted the LL and told him that I needed a new door lock immediately, and he just told me to call his handyman, again.
    Last week, I didn't have hot water for 3 days. When I told the LL, he informed me he had builders in the flat downstairs and so they affected the water, but they promised it would be back on later in the day (shouldn't the LL warn me before cutting the water?!?). Since yesterday, the hot water is gone again, as well as the heating! I called the handyman (i talk to him more often than with the LL!), and he said that the builders stopped the water yesterday. I contacted the LL, and this time I didn't get any reply. I txted, I called, and no answer.

    I mean, this is unbearable. No heating, and no hot water. I had a freezing shower today.
    While I realize that obviously there is some work to be done in the building, I believe it is essential that I am notified in advance, that the water will be cut. Now, I'm not only not warned in advance, but I also get no answer from my LL when I ask him when it will be fixed.

    Can anyone please tell me what my rights are? I don't want to contact the agency. I realized that they'll always be on the LL's side (at the end of the day, they get most of their money from him, and not me, as a tenant). And so I feel like nobody can help me.

    #2
    L has a legal duty under s.11 of Landlord and Tenant Act 1985 re installations for gas/electric/water/heating.
    Failure to comply is a CRIMINAL OFFENCE.
    Contact Local Authority which might be prepared to prosecute.
    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).

    Comment


      #3
      Most tenancy agreements require the landlord to ensure the property has a working hot water and heating system. If it breaks down or is otherwise interrupted, he must do everything possible to restore it, as a matter of urgency. It is completely unacceptable of your LL not to reply to your calls/texts.

      I would write to him (the agent must by law give you his address), and inform him of the situation with the hot water/heating. Say that if he does not contact you within 48 hours of receipt of your letter to tell you when the hot water system will be restored, you will have no option but to start looking for somewhere else to live, as he is in breach of contract. Tell him you will withhold the rent until the problem is sorted. Don't pay any more rent until it's fixed, but put it in a separate account and don't spend it.

      Send the letter by recorded delivery, and also make a written record of all the times you have tried to contact him recently.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        Heating issue now!

        Ah, the problems with my LL will never end, i think...
        Today he came to the building after my 3rd txt, and said he had no idea why the plumber cut the water 2 days ago (?!?!) and that it will be fixed by the end of the day.
        When I informed him that the heating comes and goes during the day and during the night, he said that the heating is working on a timer basis!!!!! Because, I quote: "People are at work during the day, so there's no need for the heating to be on at that time".
        !?!?! I don't believe this! What a stupid excuse and a reason for turning off the heating during the day! What if I don't work during the day?! I'm not ALL people in the building (which consists of 5 studios). Also, it was never made clear to me that this is what my heating would be like, BEFORE i signed the 6-month contract!!!! I have no idea what to do. I got fooled by this person (and of course the agency), that this flat is amazing since all bills and tax are included in the rent! Now I realize why they are included! He cuts the hot water whenever he likes, as well as the heating! When winter comes, how am I going to live in a place with no heating during the day?! Say I get ill and I don't go to work, what do I do then? I sit in the cold because the LL decided that it's pointless to have the heating on during the day?!?

        I would really appreciate advice on what I could do about that...

        Comment


          #5
          Originally posted by akasha85 View Post
          Ah, the problems with my LL will never end, i think...
          Today he came to the building after my 3rd txt, and said he had no idea why the plumber cut the water 2 days ago (?!?!) and that it will be fixed by the end of the day.
          When I informed him that the heating comes and goes during the day and during the night, he said that the heating is working on a timer basis!!!!! Because, I quote: "People are at work during the day, so there's no need for the heating to be on at that time".
          !?!?! I don't believe this! What a stupid excuse and a reason for turning off the heating during the day! What if I don't work during the day?! I'm not ALL people in the building (which consists of 5 studios). Also, it was never made clear to me that this is what my heating would be like, BEFORE i signed the 6-month contract!!!! I have no idea what to do. I got fooled by this person (and of course the agency), that this flat is amazing since all bills and tax are included in the rent! Now I realize why they are included! He cuts the hot water whenever he likes, as well as the heating! When winter comes, how am I going to live in a place with no heating during the day?! Say I get ill and I don't go to work, what do I do then? I sit in the cold because the LL decided that it's pointless to have the heating on during the day?!?

          I would really appreciate advice on what I could do about that...
          What does your contract say, exactly, about the provision of heating?
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            Now that is an interesting question... I wonder if there's any bit about that. I doubt it would say: 24/7 heating....
            it just says it's included in my rent. but i'm 100% sure nowhere in my contract does it say it will work on a timer basis!

            Comment


              #7
              Originally posted by akasha85 View Post
              Now that is an interesting question... I wonder if there's any bit about that. I doubt it would say: 24/7 heating....
              it just says it's included in my rent. but i'm 100% sure nowhere in my contract does it say it will work on a timer basis!
              Please find your copy of your tenancy contract, read it and tell us the exact wording of the bit relating to the provision of heating.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                Hello,

                I read my contract again, and unfortunately, it doesn't say anything about the provision of heating. It only says that all the utility bills and tax are included in my rent. I don't know what to do! The heating is "supposed" to be off during the day only, but mine is off the whole day AND night! This is unacceptable! Not to mention how freezing my bathroom is, since the heating is off there as well....

                Comment


                  #9
                  It's a clear criminal offence under s.11 of LTA 1985.
                  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).

                  Comment


                    #10
                    Originally posted by akasha85 View Post
                    Hello,

                    I read my contract again, and unfortunately, it doesn't say anything about the provision of heating. It only says that all the utility bills and tax are included in my rent. I don't know what to do! The heating is "supposed" to be off during the day only, but mine is off the whole day AND night! This is unacceptable! Not to mention how freezing my bathroom is, since the heating is off there as well....

                    I agree, this is unreasonable. Read Jeffrey's post above and do as he advises.
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                    Comment


                      #11
                      Thank you everyone for the advice. However, in section 11 it doesn't really specify that the heating should be provided 24/7.... or?

                      Comment


                        #12
                        Originally posted by akasha85 View Post
                        Thank you everyone for the advice. However, in section 11 it doesn't really specify that the heating should be provided 24/7.... or?
                        The fact that L is not providing heating when you want it is sufficient to support your case against him.
                        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).

                        Comment


                          #13
                          I would also tell the landlord that if sufficient heating is not provided through the main system that you will get some electric heaters and run those - it will be much more expensive for him to provide heating that way and you will be in control of the situation.

                          Comment


                            #14
                            Originally posted by Subway View Post
                            I would also tell the landlord that if sufficient heating is not provided through the main system that you will get some electric heaters and run those - it will be much more expensive for him to provide heating that way and you will be in control of the situation.
                            Excellent suggestion.
                            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                            Comment


                              #15
                              Thanks for the excellent idea!

                              Comment

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