no heat and hot water for over 6 weeks!!am i entilted to rent compensation???

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    no heat and hot water for over 6 weeks!!am i entilted to rent compensation???

    We have no hot water and heat for over for weeks now.boiler broke down even that was fixed by contractors sent over by estate agent couple of times.
    after last vistit,arouns 8 weeks ago boiled kept hot water for around 2 hours,not longer than that, and heating was playing up(radiators barely warm).since all just refused to work we tried to get that repaired.estate agent is saying they are trying to chase up the landlord which is travelling a lot and waiting for their decision.
    keep calling and emailing them but seems like they cannot care less- no reply more often.contractor after thelephone quote(same one that repaired boiler before) confirmed with the estate agent that boiler has to be replaceed into new one.
    we are waiting for any move,contractors are waiting for permision to come and replace boiler.we still have no heat and hot water and 21 months old baby at home.
    there's no knowledge of when and if the boiler will be replaced,.could be next week or next couple of months.nobody knows as apparentelly tis har to get hold of the landlord.
    we use extra gas to boil the water for wash,etc,more elctricity as we have bought little electric heaters.
    the worst is that we still paying full amount of rent as do not want to brake any term of the contract.
    are we entilted to claim refund of rent??compensation??or lower rent for next payment maybe???
    please help.

    #2
    You are not "entitled" to compensation.

    What type of boiler do you have?

    In your position, I would get a few quotes for the work needed, and then write the landlord stating that you will be getting the work done in 14 days by the company using the lowest quote, and deduct it from the rent due.

    This may spur him into action.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Originally posted by thesaint View Post
      You are not "entitled" to compensation.

      What type of boiler do you have?

      In your position, I would get a few quotes for the work needed, and then write the landlord stating that you will be getting the work done in 14 days by the company using the lowest quote, and deduct it from the rent due.

      This may spur him into action.
      I would argue differently about compensation, L has failed to meet his statatory obligations and the property is not fit for habitation. I suspect a court would have some sympathy give the time it has taken to meet the repair obligation

      I would first contact your council environmental health officer, they can get an enforcement order

      I would also go down the "set off" process where you fix it yourself and deduct the cost from the rent but follow due process. The shelter website provides good advice on this. I am sure others can post the link however if the cost is significant it would be unwise to make that investment

      Comment


        #4
        Originally posted by matthew_henson View Post
        L has failed to meet his statatory obligations and the property is not fit for habitation.
        You must have some background knowledge to reach this conclusion.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Originally posted by thesaint View Post
          You must have some background knowledge to reach this conclusion.
          Start from L's inescapable obligations 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


            #6
            Originally posted by thesaint View Post
            You must have some background knowledge to reach this conclusion.
            As Jeffrey suggests under section 11 of the 1985 LTA, L has a statotory obligation to repair and maintain the installations for heating and the provision of hot water.

            There is some debate as to the timing of meeting the repairs but is generally accepted as no more than two weeks as sometimes parts are required. Two months is far from reasonable.

            Heating and the provision of hot water for sanitation are deemed a nessecary requirement by EHO's. Heating water is a sauce pan does not meet that need, we live in the 21st C

            http://www.direct.gov.uk/en/homeandc...ome/dg_4001394

            L should take active role in providing a solution and/or pay compensation
            Last edited by matthew_henson; 13-05-2010, 12:09 PM. Reason: link added to make a point

            Comment


              #7
              Originally posted by matthew_henson View Post
              As Jeffrey suggests under section 11 of the 1985 LTA, L has a statotory obligation to repair and maintain the installations for heating and the provision of hot water.

              There is some debate as to the timing of meeting the repairs but is generally accepted as no more than two weeks as sometimes parts are required.
              I'm saying that the tenant is not "entitled" to compensation based on the information given here.
              "Generally accepted" by whom?
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                If T sues L to enforce L's obligations, T can ask the Court to award damages for breach of statutory duty. Agree? 'Generally accepted' now?
                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


                  #9
                  Originally posted by jeffrey View Post
                  If T sues L to enforce L's obligations, T can ask the Court to award damages for breach of statutory duty. Agree? 'Generally accepted' now?
                  Sorry, I just want to see this 2 week rule somewhere, and the information that the tenant has supplied that shows they are entitled to compensation.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Originally posted by thesaint View Post
                    I'm saying that the tenant is not "entitled" to compensation based on the information given here.
                    "Generally accepted" by whom?
                    the man on the clapham omnibus perhaps?

                    if the LA or the LL in the interim before matters were resolved provided addional heating free would that mitigate any compensation?

                    Is it a combi boiler system?

                    pm
                    Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                    Comment


                      #11
                      Originally posted by thesaint View Post
                      Sorry, I just want to see this 2 week rule somewhere, and the information that the tenant has supplied that shows they are entitled to compensation.
                      Why? Have you left your tenants without heating for longer than that and got away with it?

                      I agree with matthew and jeffrey.
                      '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


                        #12
                        Originally posted by thesaint View Post
                        Sorry, I just want to see this 2 week rule somewhere, and the information that the tenant has supplied that shows they are entitled to compensation.
                        The two week statement is not a rule but what is reasonable to expect. Reasonable is a well used contractual term in business contracts that loosely transalates to something a judge would expect as "normal" based on either case history or exisiting experience but provides some leeway for circumstances at the time

                        It would be normal to expect L to repair within 48-72 hours, it would be un-reasonable if L had not completed the repair after two weeks without good reason. There is no excuse for leaving the repair for 6 weeks and L should provide alternate accomadation, by not doing so T should reasonably expect compensation for loss of amenity

                        Comment


                          #13
                          I agree with that, too.

                          Is it reasonable to expect school students to shut up instantly (a the start of a lesson) when you ask them to?
                          '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


                            #14
                            ..and is that a lot relevant, a bit relevant, or just the usual irrelevance?
                            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


                              #15
                              Originally posted by mind the gap View Post
                              I agree with that, too.

                              Is it reasonable to expect school students to shut up instantly (a the start of a lesson) when you ask them to?
                              To expect yes, to get them to do so.... not sure

                              Ironically I work on large software contracts and we end up spending weeks trying to define what is meant by the term "not reasonably withheld" in relation to the things we are trying to avoid giving away or contracting to

                              Comment

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