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

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    #16
    Hold on everybody - S.11 Landlord & Tenant Act 1985 states the landlord has a statutory duty to provide space heating and hot water. If this can be done with convector heaters and an immersion heater then his duty is being fulfilled. 2 weeks is an "unreasonable" time in Feb/March to be without space heating.

    As your landlord has not responded you could tell him you are going to buy enough fan heaters to keep the property at a reasonable temperature and deduct the purchase cost from the rent (quite legally in fact). It is not your problem that the boiler is kaput - it's the landlord's - but it is you who are suffering. When the boiler is working again you can ask your landlord to collect the heaters.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      #17
      Heating not working for six months. Do we withhold rent?

      Dear All
      The house we are renting was advertised as having oil central heating. Six months ago the oil tank developed a leak and needs to be repaired. The landlady lives abroad so it IS difficult for her to co-ordinate repairs and I did try to help her find someone to replace the tank etc. Still it hasn't been done. Also the hot water/immersion heater has no thrmostat. There is nothing to control how hot it gets and it literally can be heard boiling in the tank, surely this is dangerous, not to mention a total waste of electricity.

      Also we recently has a blocked outside drain and as it was sunday had to call a company from the yellow pages (as opposed to someone from the list of tradesmen that she left us). It cost us £165 but she refuses to reimburse us as she says we should only use tradespeople recommended by her.

      Could anyone advise me as to our rights in this situation? Can we withhold part of the rent until the heating is back up on running?

      Many thanks

      Comment


        #18
        Your LL has a legal obligation to maintain the heating system in your home. Arrange for the repairs yourself, then pay for it out of the rent.
        If would be a good idea to write to your LL first giving them 7 days notice of your intentions.

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          #19
          There is a special protocol for doing this; suggest you call shelter helpline. Do it properly or you may get into trouble.

          Also, it may be worth your while to contact your local authority tenancy relations officer who may help you liase with your landlord; also they can serve a notice forcing LL to carry out repair.

          Tell your LL that under section 11 of Landlord and Tenant Act 1985 they are obliged to keep heating system in good repair. So she is breaking the law.
          All posts in good faith, but do not rely on them

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            #20
            I would strongly urge you not to use the immersion heater, or at least to fit a timer yourself. It certainly sounds dangerous.

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              #21
              Originally posted by Colincbayley View Post
              Your LL has a legal obligation to maintain the heating system in your home.
              And the drainage. See s.11 of Landlord and Tenant Act 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).

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                #22
                No hot water or heating for several months

                I am renting a property. The boiler broke and it took 4 months for it to be installed and my family and I to be with hot water and heating. We have had to use the local pool or friends for baths showers (not very harmonious with teenage girls. When I checked the tenancy, there was no record of a gas check!

                My tenancy comes to an end soon, am I reasonable to expect a refund of rent for the period without hot water and heating.

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                  #23
                  Originally posted by lynnemcclelland2000@yahoo View Post
                  I am renting a property. The boiler broke and it took 4 months for it to be installed and my family and I to be with hot water and heating. We have had to use the local pool or friends for baths showers (not very harmonious with teenage girls. When I checked the tenancy, there was no record of a gas check!

                  My tenancy comes to an end soon, am I reasonable to expect a refund of rent for the period without hot water and heating.
                  L is in breach of statutory duty re hot water- so he/she will now be in 'hot water'
                  See 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


                    #24
                    Originally posted by lynnemcclelland2000@yahoo View Post
                    I am renting a property. The boiler broke and it took 4 months for it to be installed and my family and I to be with hot water and heating. We have had to use the local pool or friends for baths showers (not very harmonious with teenage girls. When I checked the tenancy, there was no record of a gas check!

                    My tenancy comes to an end soon, am I reasonable to expect a refund of rent for the period without hot water and heating.
                    The gas safety check is unlikely to be built into a tenancy agreement but they should have given you a copy of it upon starting your tenancy.

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                      #25
                      There was only a copy of one which ran out last October. The landlord tried to cut corners by trying to fix it himself which prolonged matters. Then he sent a friend round who couldn't fix it. Eventually he had to get someone else as I insisited they were registered tradesmen - I had visions of my family being gassed in our sleep.

                      Comment


                        #26
                        No heating in living-room; paint peeling in bathroom

                        Hi

                        I just to check a couple of things before I call my landlords agents tomorrow.

                        The tiles in the bathroom are painted, which I can live with , but during cleaning some is the paint started pealing away from the tiles. I wasn't scrubbing hard, just using kitchen paper! I went to have a look in a cupboard were the landlord has left a load of stuff and found the paint he used to paint the bathroom, it wasn't bathroom paint and therefore not waterproof. On further inspection of the rest of the bathroom it turns out that the paint is soft and coming away from all the tiles.
                        Is he responsible for this, considering he did not use the right paint in the first place? Every time I clean more and more paint come away!

                        Secondly, I have no heating (radiator) in me living. What there is, however, is a disconnected old gas heater. Does he have to replace/repair it?


                        Thanks in advance!!

                        Comment


                          #27
                          Yes, he is responsible for sorting out the problem with the tiles - he should have used proper tile paint if he didn't want to re-tile. It sounds as if he has done it with emulsion for cheapness! Idiot.

                          And yes, there should be some means of heating in your living room, although it does not have to be a gas fire/heater. (In fact it's probably better if it isn't, from the sound of this landlord). How is the rest of the property heated? Is any means of heating mentioned in the inventory? Are any other heating appliances provided, e.g. convector heaters or storage heaters? I'm assuming it is a furnished flat?

                          If you can answer these questions, we should be able to help you.
                          '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

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                            #28
                            There is quite a story behind the heating. (The flat is heated by radiators btw).

                            Just after we moved in the hot water broke. We call the agent and they said to call British Gas as the landlord has one of the repair contracts with them. They came round and told me that they had been round a few times before with previous tenants who had the same fault. It turns out that the part that needs replacing is not covered by the BG repair plan. Eventually the part gets replaced and hot water/heating returns. The fault was that one of the heat exchanges had got blocked with bits of rust that had come from the radiators as they are so damn old.

                            The heater in the living room is mentioned in the inventory, but only that it has a few paint marks on it, not whether it works or not. No other method of heating the living room was provided or mentioned in the inventory.

                            Comment


                              #29
                              The rusty radiators causing the heat exchanger to fail is one thing - the LL is responsible for ensuring tenants have the means to heat water (and radiators for heating, where central heating is provided). If it breaks down again, you need to tell him that it is unaccceptable for you to be without hot water and you can withold rent until he fixes it.

                              However, it doesn't sound as if there is a central heating radiator in the living room and that the disconnected gas faire is meant to be the primary source of heating for that room.

                              I think you can insist that it is replaced, OR re-connected, tested and certified as safe to use by a CORGI -registered gas fitter, as your LL has made no other provision for that room to be heated.

                              I would write to your LL (via agent is you wish) pointing out that he is legally obliged to provide the means of heating the property adequately and that you would like him to replace or re-connect the gas fire in the living room, or extend/replace the central heating system (it sounds as if it needs it!) to include a radiator for the living room.

                              You might also wish to mention his dodgy paint job in the bathroom. He probably won't do anything, but at least you will have notified him of the problem and disclaimed responsibility for it at this early stage - he won't be able to claim it was your fault, months down the track!

                              Good luck - come back to us if he refuses to sort the heating out. One problem I envisage is that he might say, use a freestanding electric heater in the living room - does ayone know if he can insist on that? They are much less safe than 'fixed' heating applicances, (Not to mention very expensive to run), so I hope he can't.

                              Any thoughts, anyone?
                              '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


                                #30
                                tenant without heating

                                I rent a property to a single mother with 2 young childre. The combi boiler has been troublsome this year and costly to run. It broke down last week and I decided to replace it to ensure her not being without heat in the winter. The water is still being heated it's the central heating thats broken. I keft a halogen heater in the property. The earliest I can get a new one fitted is 2 weeks, therefore she has no heating for 2 weeks. She has told me she is moving out and given 2 weeks notice and with holding rent due to boiler. Can she do this? I felt I was doing the responsible thing by replacing it!

                                I have been very supportive and allowed late payment and even let her off 1 month when her partner left her. I am in turmoil as I don't view mysef as a bad landlord and respond within hours of any repairs.

                                Please advise

                                Comment

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