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

[Parkside]

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.

[thesaint]

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.

[matthew_henson]

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

[thesaint]

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.

[jeffrey]

You must have some background knowledge to reach this conclusion.

Start from L's inescapable obligations under s.11 of LTA 1985.

[matthew_henson]

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

[thesaint]

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?

[jeffrey]

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?

[thesaint]

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.

[property mongrel]

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

[mind the gap]

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.

[matthew_henson]

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

[mind the gap]

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?

[jeffrey]

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

[matthew_henson]

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