Heating question

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    Heating question

    Does a landlord have to provide adequate heating for a property? (obviously I mean a working heating system). Also can they put in a contract that the tennant is to pay for all repairs to the heating system including parts ? so if boiler goes the T has to pay for a new one? and if so will it stand up in court?

    #2
    You could rent a property with no heating at all if you could find anyone daft enough to take it.

    If you have any form of heating in the property then it is down to the LL to keep it in good repair, and to get the gas safety checks done every year.

    It would not stand up in court.

    That has to be one of the most curious questions this year!
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      My AST stated that I was responsible for repairing the oil fired heating including parts and labour ... I got the parts removed but he insisted on I pay all labour costs.
      The boiler is broken and I'm moving out ... I'm not paying a few £k for a new boiler obviously, or the labour andf I had to get someone out to actually get it workionmg as it was broke when I moved in. I am explaining why I am leaving and insisting he use my deposit for the last months rent as not protected, no inventory and various other things ... this is more ammo for me

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        #4
        Originally posted by countryguy View Post
        My AST stated that I was responsible for repairing the oil fired heating including parts and labour ... I got the parts removed but he insisted on I pay all labour costs.
        The boiler is broken and I'm moving out ... I'm not paying a few £k for a new boiler obviously, or the labour andf I had to get someone out to actually get it workionmg as it was broke when I moved in. I am explaining why I am leaving and insisting he use my deposit for the last months rent as not protected, no inventory and various other things ... this is more ammo for me
        Tell him that boiler repairs are the landlords responsibility under section 11 (& 12) of the 1985 Landlord & Tenant Act and that his contract can not over-ride statute.

        11(1)(c)
        to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

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          #5
          Assuming that they are tenancies regulated by the act.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

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            #6
            It says AST on the lease (signed after april 2007 for less than 25k per year), thanks for replies

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              #7
              Originally posted by thesaint View Post
              Assuming that they are tenancies regulated by the act.
              Well, LTA 1985 does not' regulate' tenancies nor establish any statutory code parallel to 1977 Act and 1985 Act. Its s.11 applies:
              a. as stated in s.13; but
              b. subject to the exemptions in s.14.

              13. Leases to which s. 11 applies: general rule.

              (1) Section 11 (repairing obligations) applies to a lease of a dwelling-house granted on or after 24th October 1961 for a term of less than seven years.

              (2) In determining whether a lease is one to which section 11 applies:
              (a) any part of the term which falls before the grant shall be left out of account and the lease shall be treated as a lease for a term commencing with the grant,
              (b) a lease which is determinable at the option of the lessor before the expiration of seven years from the commencement of the term shall be treated as a lease for a term of less than seven years, and
              (c) a lease (other than a lease to which paragraph (b) applies) shall not be treated as a lease for a term of less than seven years if it confers on the lessee an option for renewal for a term which, together with the original term, amounts to seven years or more.

              (3)This section has effect subject to:
              section 14 (leases to which section 11 applies: exceptions), and
              section 32(2) (provisions not applying to tenancies within Part II of the Landlord and Tenant Act 1954).

              14. Leases to which s. 11 applies: exceptions.

              (1) Section 11 (repairing obligations) does not apply to a new lease granted to an existing tenant, or to a former tenant still in possession, if the previous lease was not a lease to which section 11 applied (and, in the case of a lease granted before 24th October 1961, would not have been if it had been granted on or after that date).

              (2) In subsection (1):
              “existing tenant” means a person who is when, or immediately before, the new lease is granted, the lessee under another lease of the dwelling-house;
              “former tenant is still in possession” means a person who:
              (a) was the lessee under another lease of the dwelling-house which terminated at some time before the new lease was granted, and
              (b) between the termination of that other lease and the grant of the new lease was continuously in possession of the dwelling-house or of the rents and profits of the dwelling-house; and
              “the previous lease” means the other lease referred to in the above definitions.

              (3) Section 11 does not apply to a lease of a dwelling-house which is a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 and in relation to which that Act applies or to a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995.

              (4) Section 11 does not apply to a lease granted on or after 3rd October 1980 to:
              a local authority,
              a National Park Authority
              a new town corporation,
              an urban development corporation,
              the Development Board for Rural Wales,
              a registered social landlord,
              a co-operative housing association, or
              an educational institution or other body specified, or of a class specified, by regulations under section 8 of the Rent Act 1977 7or paragraph 8 of Schedule 1 to the Housing Act 1988 (bodies making student lettings)
              a housing action trust established under Part III of the Housing Act 1988.

              (5) Section 11 does not apply to a lease granted on or after 3rd October 1980 to:
              (a) Her Majesty in right of the Crown (unless the lease is under the management of the Crown Estate Commissioners), or
              (b) a government department or a person holding in trust for Her Majesty for the purposes of a government department.
              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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