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

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    I suggest that you discuss and agree compensation with your landlord quickly.

    You've put up with what sounds like an intolerable situation for way too long. Why didn't you try finding out about any rights before now?

    Comment


      Sorry i was so on edge last few replies.. we were at the point of moving out thinking everything was done and dusted, a clean break away deposits intact when they phone us this afternoon saying all the above..

      We are all students, we are the prey of all agents as well as the enemy. We know very little. We have tried compensation.. but don't have much in the way of paper trails to make a claim of any sought. but The health inspector has said he is on our side now. Thank you for your replies and your reply to my other thread, I don't plan on signing anything without complete knowledge I'm getting what i want!

      Its ridiculous how evil some agents can be.

      Problem with this current house is the landlord has no clue what hes doing.. So leaves it all to foxtons who f*ck not just us but him over too.

      Comment


        NOTE: this is not an AST. Rent (@ £2200 per month) exceeds £25 000 per annum.
        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


          Compensation for heating down-time?

          Hi,

          I've recently had issues with the heating in the propery which I rent out through a letting agency, the tenant originally compalined that a couple of the radiators were functioning below exectations. The problem was eventually diagnosed as a build up of 'sludge' in the system which was preventing the hot water from spreading through the whole system. The solution was a "power flush" to remove the sludge, and also required the replacement of numerous parts etc. (with the accompanying costs for me!)

          All of the visits by the plumbers werre arranged pretty promptly by the agents, but due to the nature of the issues it took several visits and was probably about 1.5-2 months from beginning to end. At no time during this was the tenant without heating, but they were using some electric heaters for the rooms where the most affected radiators.

          The tenant is now requesting some "assistance" with the increased electicity bills caused by the need to use these additional electric heaters.

          Can anyone offer advice as to where do I stand with regards to this request? Am I legally or contractually obliged to offer compensation? Has anyone else faced a similar situation?

          Thanks in advance for your opinions,

          JMc

          Comment


            Landlords are statutorily obliged to provide their tenants with the means to heat water and rooms adequately. This overrides anything you may or may not have written into the tenancy contract. Obviously if you have contracted yourself to keeping the property heated to a certain temperature at your expense, then you must keep your promise. But we don't seem to be talking about that here.

            Whether or not you offer your tenants help with their electricity bill under these circumstances will to some extent depend on how cold the property would have been without the booster heating, how much extra the electricity has costed them compared with using the central heating (assuming normal efficiency), and how much goodwill you would like to create.

            From the tone of your comments about having to get the system overhauled at your own expense (er - whose system is it? Who makes the profit from this property?!), I receive the distinct impression you are not too bothered about fostering much goodwill...personally I think that is short-sighted, but it's your choice in the end.

            In my view, the decent course of action would be to work out what the extra energy has cost them over and above what they would normally have spent for the period when the central heating wasn't working/working fully, and give them that amount (ie the difference). I have done this with my tenants and it was worth it. If you choose not to give them anything, they are more likely to look to the contract and/or the law the next time they have a grievance, rather than meeting you half way, or remembering your goodwill gesture on this occasion.
            '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


              Heating failed and landlord harassing me

              Dear all

              I am new here so this may drag on a bit.

              I moved into a property with my (now) ex partner in July last yr, having rented another property through the same landlord i was happy to upgrade to a bigger property as i had no problems with the LL.

              However the problems soon started in August 08 when my deposit was delayed transferring from my bank to theirs. While the deposit did go through in the end i was questioned daily (sometimes 3 times a day) by the LL and also was requested to meet at my bank to discuss the problem. I also found out that the LL had phoned my bank with my bank details and tried to gain access to see if the money had left my account yet (a claim the LL now denies even though i have evidence)

              Other problems soon occured and I admit on 2 occasions i was a couple of days late paying the rent as the LL asked for it to be paid into their account in cash every month. This was not always easydur to work commitments.

              My partner moved out in November of 2008 as we split and i requested the tenancy end early as i could not afford the rent on my own. This was agreed in writing by the LL although he demanded it be 2 months notice rather than 1 month which i was not sure about?

              other troubles flared with abusive letters and phone calls after i informed the LL that the flat had damp/mould. At this point i would like to say that i accept no blame for this as i lead a clean and hygenic lifestyle. having lived with my ex partner and baby daughter i would not have had any reson or excuse to live otherwise.

              I advised the LL that i thought the heating was not working in the property and he sent an engineer round, although he didnt turn up the first time as the LL sent him to the wrong flat number. I had no user manuals for any appliance including the heaters in the flat and was told to "get them myself" The lack of heating and loss of earnings and cost to replace ruined clothes i asked to be deducted from the rent, this was point blank refused.

              Environmental health also stated that lack of heating and insufficent ventilation may be the cause but this is not down to myself or any other party. In fact 4 other flats in the block seem to have suffered the same problems so there may be a bigger problem with the building itself?

              I have signed over the deposit in full to the landlord as payment for the last months rent, he accepted this on the phone but is still taking me to court as he says the place needs completely re-decorating and i am to fund this.

              In my time there it has cost me alot of money and also i have been harrassed (the LL has made 3 illegal and unnanounced visits) and verbally abused.

              Where do i stand when i go to court over al this?

              Thanks in advance.

              Comment


                First principles
                1. When did the most recent fixed-term tenancy start?
                2. How long was the term granted?
                3. Was it in joint names at that time?
                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


                  Hi Jeffrey

                  The tenancy was signed in my name only in July and ended on the 2nd of Feb 09.

                  the tenancy was origionally a 1yr agreement

                  Comment


                    Originally posted by stickylove View Post
                    The tenancy was signed in my name only in July and ended on the 2nd of Feb 09.

                    the tenancy was origionally a 1yr agreement
                    OK. If you moved-out (inc. all belongings) on or before 2 February, as the term's end date, no further rent is due.
                    No Notice by you would have been needed for that date, either: not two months', not even one month's.
                    The cost of redecoration is not your responsibility unless you damaged the property- fair wear and tear is allowed at no cost!
                    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


                      Thanks Jeffrey

                      I moved out myself on the 31st Jan so was before the agreed early termination of the tenancy.

                      As the deposit was signed over to the LL in full for the last months rent then i am assuming this is still ok? All other rental payments were up to date.

                      Natural wear and tear is what i quoted him but he is still trying to blame me for the mould/damp even though there are other flats in the block that seem to have suffered with it in the cold weather we had 2/3 weeks ago.

                      The place was cleaned by myself and a friend before I left so the condition of the flat cleanliness wise is in no worse state than when i moved in. No appliances were broken either.

                      I am still failing to see why he wants to take me to court still? Or are they trying to con me out of money?

                      Comment


                        Originally posted by jeffrey View Post
                        OK. If you moved-out (inc. all belongings) on or before 2 February, as the term's end date, no further rent is due.
                        No Notice by you would have been needed for that date, either: not two months', not even one month's.
                        The cost of redecoration is not your responsibility unless you damaged the property- fair wear and tear is allowed at no cost!
                        I dont understand; the agreement was due to run until then July 2009 so although no notice required as such, the tenant would remain liable for all the rent to July? Jeffrey?

                        So surely it was up to LL to name his terms of surrender (ie 2 months "notice"?)
                        All posts in good faith, but do not rely on them

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                        Comment


                          Originally posted by Bel View Post
                          I dont understand; the agreement was due to run until then July 2009 so although no notice required as such, the tenant would remain liable for all the rent to July? Jeffrey?

                          So surely it was up to LL to name his terms of surrender (ie 2 months "notice"?)

                          Isnt it only 1 month though i though if it is inniated early by the tenant? and 2 months by the LL?

                          Comment


                            Originally posted by stickylove View Post
                            Isnt it only 1 month though i though if it is inniated early by the tenant? and 2 months by the LL?
                            No. Are you talking about ending the tenancy at term end or after term end?

                            TERM END:
                            By L: s.21(1)(b) Notice- at least two months beforehand.
                            By T: no Notice necessary (but a courtesy Notice is a good idea).

                            AFTER TERM END:
                            By L during final two months of term: s.21(1)(b) Notice- at least two months beforehand.
                            By L thereafter: s.21(4)(a) Notice- at least two months beforehand, and it should end at a rent payment period end.
                            By T: Notice period should equal rent payment frequency period, and it should end at a rent payment period end.
                            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


                              Originally posted by jeffrey View Post
                              No. Are you talking about ending the tenancy at term end or after term end?

                              TERM END:
                              By L: s.21(1)(b) Notice- at least two months beforehand.
                              By T: no Notice necessary (but a courtesy Notice is a good idea).

                              AFTER TERM END:
                              By L during final two months of term: s.21(1)(b) Notice- at least two months beforehand.
                              By L thereafter: s.21(4)(a) Notice- at least two months beforehand, and it should end at a rent payment period end.
                              By T: Notice period should equal rent payment frequency period, and it should end at a rent payment period end.

                              When i spoke with the LL at the time he made it plainly clear he wanted me out asap. He stated that if i write a letter stating to end the tenancy early i had to just give him 2 months notice.

                              He replied in writing saying he agrees to end the tenancy early with the 2 months notice which ended on 2nd Feb 2009.

                              Comment


                                Note down all the harrassments and shortcomings; dates and times in case it all kicks off in court. Amass evidence.

                                Was your agreement an Assured Shorthold tenancy (AST) and did he protect the deposit and inform you with the correct notice with 14 days?

                                I don't think he will get away with it, so you must hold your nerve.

                                Try Shelter helpline or Citizens Advice for moral support
                                All posts in good faith, but do not rely on them

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                                Comment

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