No heating- L's duty under s.11; effect on rent?

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    The house is of a unique construction being a eco house which has a massive thermal mass of insulation i belive it gets most of its heating through solar gain from the south facing windows so the underfloor is only supplimentary i was just wondering wether they was allowed to include a clause in the agreement saying i could not adjust the settings

    Comment


      Originally posted by barranak View Post
      The house is of a unique construction being a eco house which has a massive thermal mass of insulation i belive it gets most of its heating through solar gain from the south facing windows so the underfloor is only supplimentary i was just wondering wether they was allowed to include a clause in the agreement saying i could not adjust the settings
      I am sure there is a good reason why you cannot adjust the settings yourself. It would be different if you were being made to pay for heating you did not want, but their conditions seem reasonable to me.

      If the house is an eco-house, your bills should be tiny compared with most people (seriously, you will be hundreds of pounds a year better off) and I would bite their hand off, rather than fret about the heating settings. At least they will come out and change them if necessary.

      Stop worrying!
      '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


        Hi

        My guess is that there is a bit of misunderstanding here. I cannot believe that there will be no control over internal temperature at all - in fact I think that would be in breach of building regs in any case.

        I think it would be worth getting more information from the association concerned. I would be surprised if they are unable to allay your concerns.

        And as MTG suggests, your bills are likely to be well below the average.

        As for the legalities, the landlord's obligation is to ensure that any heating system provided is in proper working order. The amount of user control can vary from one system to another; some older district heating systems, for example, offer very little control over internal temperature to the end user, but are nevertheless in working order. They would not, however, pass modern building regulations nor, for that matter, the Homes and Communities Agency's development standards, to which most housing association homes must be built these days.

        Ultimately though, the decision is yours; a number (though by no means all) of the eco house developments undertaken by housing associations are quite experimental, so if it doesn't appeal, just say no!

        Preston

        Comment


          Please can I get some advise, no heating or hotwater

          Hi

          I was wondering if any one can offer advise.Me and my partner live in private rented accomodation with our 10 month old child. Our boiler has broke leaving us with no hot water or central heating,we contacted our landlord who told us to go through our estate agent which we did. They told us someone would be round that day to sort it out (due to an apparent misunderstanding it took three days, with the only explanation being "its fine its not the winter months",this may be true but it does not stop the weather being miserable and cold, and our house is REALLY cold).

          The gas man condemed our extremely old (apparently over 20 years) ineffcient boiler, explaining that it is no state to be repaired. The gas man advised that a combi boiler should be installed costing £1100 incl labour (im no expect but thought this was pretty good).

          The estate agent informed our landlord who has said that it was too much and he was not prepared to pay this and wanted his own plumber to come and take a look. We are still waiting for this plumber to come and have a look and we are now on 11 days. keep contacting and keep being told he will call today and doesnt, so on and so on. We have always made sure our rent is on time and keep the house in a lovely clean and tidy condition and feel this is unfair as we are keeping up with our side of the agreement

          Yes we do have an electric shower, but our little girl is petrified of it and only has baths. The last few nights have been a nightmare. Our little girl has had an upset belly she has had 'accidents' in the night resulting in the need for a bath (this has to be done by boiling 6 kettles and plugging in our electric heater to make the bathroom warm enough for her) making the 3am experience last through to 5am...not fun!!!!

          This is also costing us alot of money, it is not just the inconvience. We brought reuseable nappies which need to be washed and dryed every two days. We do not own a tumble dryer and have always used the radiators to dry them. With our not so lovely spring weather, drying them outside is not an option!! This has meant we are left having to buy disposables which we are not only against, they are an added expense we can not afford.

          We are having to travel to my parents for baths during the day for our daughter,which is petrol money we dont have, and have had to buy an electric halogen heater to provide any warmth,not really enough heat for a three bedroom house,but all we can afford.

          Where do we stand and what are our rights? I have looked at s.11 but am still not sure how long a tenant is allowed to be in this situation for and what we can do about it.

          P.s.On another note we discovered the esate agent quoted our landlord £1600 - are they allowed to charge £500 for admin charges!!!! Sorry this is my first time on here and I have a tendancy to ramble. Thank you for any advice given.

          Comment


            Originally posted by plum View Post
            The estate agent quoted our landlord £1600 - are they allowed to charge £500 for admin charges!
            So? You yourselves don't have to pay it.
            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


              Please can I get some advise, no heating or hotwate

              We do not have to pay it, it would be the landlord,but because the amount is even higher the landlord is even more reluctant to pay it causing us further delays. It is more the issues regarding the heating and hot water we are concerned with. Any ideas? Thanks

              Comment


                Originally posted by plum View Post
                We do not have to pay it, it would be the landlord,but because the amount is even higher the landlord is even more reluctant to pay it causing us further delays. It is more the issues regarding the heating and hot water we are concerned with. Any ideas? Thanks
                Best: take L to County Court, for breach of the covenants implied by s.11. Are there any 'No win, no fee' solicitors near you?
                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


                  Query on Landlord and Tenant Act

                  Hi,
                  we've had a problem with our gas-fired central heating system for the last 6/7weeks whereby it leaks pressure constantly. The net result is that everytime you want to turn on the heating you have to 'top up' the water in the system first otherwise it's running dry with the water level only at the very bottom of the radiators. This means that the heating cannot be run from the timer and has to be started manually - it is especially a problem in the mornings when you get up with no heating at all as it takes to long to refill!

                  The leak has been determined to be from the underground pipes in the property (laid under concrete), so the solution to the problem is to lay new overground pipes and (in addition) a new combi-boiler to replace the aging one. The work is predicted to take 5days. I have requested that, for the inconvenience of staying in the property during the period (work will be undertaken during the day when we are at work), we be able to pay reduced rent. The landlord has rejected this request saying that we won't be inconvenienced as we will be out while the actual work is going ahead. Do you have a view on this?

                  In addition, I would say we have been without heating in 'proper working order' since the date I informed the letting agents about 6-7weeks ago. Do you have a view on whether the issue with the heating system I described above would break s.11 rules?

                  I appreciate the landlord is doing a good thing by getting the work done properly, but it's in his and the letting agents interests to have this system as well as good for us. I feel there should be some consideration of what we have and will put up with.
                  Your help with this is greatly appreciated...

                  Comment


                    The argument turns on whether the fault is in the mains installation [so L's liability] or the equipment [so T's liability unless Agreement says otherwise].
                    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


                      Need help with our heating situation

                      Hi,
                      We have had a problem where our heating has not been working for the last 3 months.

                      We informed our estate agent 3 months ago, but there was a period of 3 weeks during the Christmas and new years period where the estate agents were closed, and thus we were only able to leave a message on their answering machines.

                      We also have no contact with the landlord as we have been informed by the estate agents that the landlord pays them to deal with all the problems.

                      The estate agents has basically told us that there is nothing that they can do to fix the problem as the property is privately owned ex-council flat and so the council is responsible for all the maintenance, and so we would have to chase up the problem with the council

                      We have thus also been contacting the council whom have been sending their contractors to try and fix the problem yet it is now 3 months later and the problem is still unfixed.

                      We feel that it is greatly unfair that we have been paying our full rent every month on time and felt that we should be entitled to some compensation due to the huge hassle that we have had to put up with with the cold flat (there was a 3 week period during new years where we moved out because the flat was so cold). We therefore decided to put forward our views to the estate agents who basically said that the landlord is not willing to pay us any compensation as the problem his not his fault or in his power to fix.

                      Could anyone provide us with any advise to what possible options we have in order to try and get some compensation for the huge hassle and inconvenience we have been put through. Additionally we are all students and so are in a situation where we are most likely unable to afford any kind of legal action.

                      Any help will greatly be appreciated

                      Comment


                        I agree with the stand regarding effect of the rent.Do we really owe him any compensation ?? As from 14sep onwards we tried our best possible to get stuff sorted, and also the house temperature was not less than 16degrees as I gather from section604 of housing act 1985 that landlord needs to provide temperature above 16degrees, when its -1degrees outside. Also this incident took place in September which was not yet winter time.

                        Comment


                          Boiler and shower not working when moving in

                          Hi all,

                          Five days ago we moved into a brand new property to find that we have no heating and no hot water.

                          The apartment has a brand new bathroom and boiler, however it turned out after we moved in that the boiler does not work, and neither does the shower. It has now been 5 days without hot water or heating. The plumber came day 3 and said that the boiler pump doesn't work and the manufacturer has to come look at the boiler, and we are still waiting.

                          Furthermore the shower does not work at all, not even cold water, and that is also still on the list of things to look into. This might be a case of a valve of some sort in the bathtub and it sounds like a plate on the side of the bathtub might have to be removed in order to get to this.

                          Also, the apartment comes with a wash machine but that was not connected on arrival, and that is still not finished, however the landlord has worked on it and tried several pipes and it seems we are getting close to a solution now.

                          There was basically a list of agreed things that were supposed to be done before we arrived which were not done, the above mentioned issues plus other smaller issues like bathroom fittings, mailbox etc.

                          On the plus side, the landlord has been coming around the flat pretty every other day trying to fix the washmachine and other things, and he has also given us access to another empty flat (in the same property) which has a working shower. This works but walking outside to enter the building through another door can not be said to be the pinnacle of convenience. As far as laundry goes, his wife will help us with the washing tonight and we feel they are doing a lot to help us - the problem is it should have been done weeks ago between us starting the process with the estate agent and the date of moving in.


                          Given that this has not worked from day one and we've had several manintenence people here most days working on the property, is it reasonable to ask for some compensation for the cold flat, lack of hot water and inconvenience?

                          Another question is if the estate agent has any responsibility to make sure that the apartment is in a functional state before the signing of the contract?

                          Thank you for any help.

                          Comment


                            tecSV : As you say, it seems the LL is doing all he can to minimise the inconvenience to you and unless the lack of heating/water/showers in your own flat continues for weeks rather than for days, I cannot think any claim for compensation would succeed in court.

                            You could broach the subject with your LL, but t this stage you would be running the risk of seriously hacking him off and you may find yourself served with a s21 to expire at the end of the fixed term.

                            My advice would be to give him a little longer before you start making noises about compensation.
                            '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


                              Thank you for your feedback. The saga continues.

                              The boiler repairman came around today at last, and concluded that he could fix the heating but not the hot water - what?! Obviously a special part that controls the heated water needed to be ordered (what is this part anyway?) and can not reach us until next week because it's easter holiday.

                              In the meantime we've missed yet another delivery, this time DPD didn't manage to call any of the two mobile numbers we had put on the door so we will now have to go and try to get the sofa ourselves from the depot.

                              Also, the washmachine still doesn't work.

                              And by the way, there is no aerial - I will start another thread on this though.

                              Comment


                                Also, how many times should one let the landlord try to fix the piping for a washmachine until you demand he invest in hiring a professional plumber?

                                Comment

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