Shared heating

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    Shared heating

    I rent a flat which is part of a house, now split into two flats and a shop. I live on the ground floor behind the shop. The heating system is shared between all three though - the boiler is in my flat, and the heating controls are in the upstairs flat. There is a locked door between my flat and the shop, with a key either side. As far as I know, there's no access from the top flat to either the shop or my flat. I didn't realise the situation until after I'd moved in.

    Recently, I was away and the pilot light went out. The shopkeeper had to shut for a couple of days as she had no hot water and heating. When I got back, I relit the pilot light and had no idea about the shop having to shut, until the landlord came round a couple of days later to ask about it. I feel bad that the shop had to close, but this is not my responsibility, is it?

    Also, the heating is on a timer which I don't have access to, although my radiators can be turned on and off. But if the timer on the heating is off, I have no way of turning it on. If it gets cold in the flat and I can't turn the heating on, what can I do?

    #2
    If you have a Tenancy Agreement, that sets-out:
    a. your obligations and rights; and
    b. L's obligations and rights. I imagine that these ought to include provision of heating to all BUT with a right reserved for access to the heating system and controls. Moreover, L has a statutory duty (to you) re heating etc.; see section 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


      #3
      Originally posted by jeffrey View Post
      If you have a Tenancy Agreement, that sets-out:
      a. your obligations and rights; and
      b. L's obligations and rights. I imagine that these ought to include provision of heating to all BUT with a right reserved for access to the heating system and controls.
      I don't have the contract to hand to check, but as far as I remember there is nothing much about the heating in there (and I don't remember a clause for the landlord to have access to the heating system).

      Originally posted by jeffrey View Post
      Moreover, L has a statutory duty (to you) re heating etc.; see section 11 of LTA 1985.
      I appreciate this, but what does that mean in practice? Do I have to be able to turn the heating on all the time? Or does it just mean that there has to be heating at some point in the day? Or something else entirely?

      Comment


        #4
        Originally posted by squirrel007 View Post
        I appreciate this, but what does that mean in practice? Do I have to be able to turn the heating on all the time? Or does it just mean that there has to be heating at some point in the day? Or something else entirely?
        The Act merely states that L is - almost inescapably - liable "to keep in repair and proper working order the installations in the dwelinghouse for space heating and heating water." L must therefore ensure that the systems deliver as and when you want them to.
        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

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