Is this harassment? What type of tenancy do I have?

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    #31
    Every AST is also an AT.
    There are two types of AT (= tenancy governed by the Housing Act 1988, a far more useful description):
    1. AST.
    2. SAT.
    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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      #32
      a quick question.

      first consideration being that we moved into our home in 1996 as assured tenants.

      do we have a right to heating throughout the property in order to maintain a minimum temperature?

      we were provided with a portable calor gas heater and a two bar electric fire at the start of our tenancy if those make any difference.

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        #33
        Originally posted by domonic View Post
        a quick question.

        first consideration being that we moved into our home in 1996 as assured tenants.

        do we have a right to heating throughout the property in order to maintain a minimum temperature?

        we were provided with a portable calor gas heater and a two bar electric fire at the start of our tenancy if those make any difference.
        If the heaters provided are not enough to keep the property at a minimum temperature which is compatible with health, then the EHO at your local council can step in. I can't remember the exact temperature at which he can take action - it's pretty low, I think, but it's worth a try.

        Or you could invest in some convector heaters - or even ask your LL to provide some.
        '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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          #34
          Originally posted by mind the gap View Post
          If the heaters provided are not enough to keep the property at a minimum temperature which is compatible with health, then the EHO at your local council can step in. I can't remember the exact temperature at which he can take action - it's pretty low, I think, but it's worth a try.
          thanks MTG. EHO have said that heating is necessary but i would like confirmation from the experienced members of the forum.

          i have previously applied to warm front. they did assess our situation and were able to offer central heating and loft insulation. unfortunately our landlord twice scuppered the deal while saying that she never recieved any information from them. i later found that she had binned the consent form.

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            #35
            Originally posted by domonic View Post
            unfortunately our landlord twice scuppered the deal while saying that she never recieved any information from them. i later found that she had binned the consent form.
            The woman is mad!
            '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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              #36
              Originally posted by domonic View Post
              do we have a right to heating throughout the property in order to maintain a minimum temperature?
              Not contractually, no. L's duties [s.11 of LTA 1985] do not include installing heating: only maintaining/repairing the mains installations already in place.
              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


                #37
                Originally posted by domonic View Post
                do we have a right to heating throughout the property in order to maintain a minimum temperature?

                we were provided with a portable calor gas heater and a two bar electric fire at the start of our tenancy if those make any difference.
                Excess cold comprises a health hazard under the Housing Health & Safety Rating System.

                You can download the guidance booklet here
                http://www.communities.gov.uk/public...ratingguidance

                A healthy indoor temperature is around 21°C, although cold is not generally perceived until the temperature drops below 18°C. A small risk of adverse health effects begins once the temperature falls below 19°C. Serious health risks occur below 16°C with a substantially increased risk of respiratory and cardiovascular conditions. Below 10°C the risk of hypothermia becomes appreciable, especially for the elderly

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                  #38
                  several months have now passed and the situation has moved on slightly.
                  our local council sent someone round to observe the property and documented a list of over 20 disrepairs and provided it to our landlord.
                  our landlord refused to allow us to know the findings, but the council advised on how to obtain a direct copy from them.

                  we wrote repeatedly to our landlord asking for repairs to begin. nothing happened and our requests went ignored.
                  we were revisited by the same council guy who arrived to find the property untouched and every reccomendation ignored.

                  the council then issued an improvement notice, which seems to be legally backed to encourage compliance on health & safety grounds.

                  my landlord did eventualy send a builder, instructing him to begin specific repairs.
                  then came a seperate builder to assess the same work.
                  then came an additional third builder, again sent to assess the same work.

                  needless to say, the builders compared notes and found that our landlord had deliberately used them with the sole purpose of causing unecessary disruption with no prospect of actual work.
                  there was no possibility of any accidental double or triple booking as the initial builder, in contact with our landlord throughout, had commenced as instructed, days before the additional builders were booked.

                  the builders frustration was clear including the initial builder. he is so annoyed that he stopped his men doing any further work other than completing that which had begun.
                  we now have a situation where three seperate building firms are so annoyed with our landlord that two are billing for timewasting and the other downed tools. he has now removed his tools and gone.

                  we are left with a mess. we made all necessary arrangements to accomodate the initial builder, including the removal of sizable items to provide suitable access.
                  we wrote to our landlord asking if the builder will return, but recieve no reply.

                  Out of the blue, our landlord wrote back claiming that repairs are now completed.
                  i have contacted the builder direct and found that our landlord fully knows and understands that repairs havnt even begun other than the specific one.
                  it seems that the builder aired his frustration toward our landlord only to be told that our arrears prevent any further progress anyway.
                  this is nonsense as we are fully paid up. and as we pay rent in advance, there are never any arrears.

                  We expect the whole process might start over again with a fresh builder, but we cannot establish when.
                  we know that our landlord will deny responsibility and claim the extra builders were booked for competative reasons, althought emails and text messages should prove that no competative aspect existed according to
                  their electronic timestamp.

                  our landlord ignores all of our frequent letters and we are unable to organise our lives in case a sudden 24 hours notice should arive.
                  we are obviously concerned about dishonest reports of arrears but even if debts were true, does data protection apply to landlords?
                  the improvement notice catagorises hazards, but is an improvement notice worth anything?
                  we are likely to require a roofer, a plumber, a joiner, an electrician and a gas fitter, which could already amount to over fifteen people, plus fresh builders and any other tradesmen that might need to attend.
                  how many builders or tradesmen do we need to grant access to and can we prevent our landlord form further exploiting the situation at will?

                  Comment


                    #39
                    Have you told the council that the LL has failed to comply with the improvement notice?

                    Edit: see http://www.legislation.gov.uk/ukpga/...vement-notices

                    Comment


                      #40
                      the improvement notice says that work must begin within a set time but the completion is extended over a couple of months. so it hasnt expired yet.

                      this is the problem we have as we dont know if the notice will be complied with but we have to assume that it will and be ready on the offchance that we will recieve 24 hours notice of movement.
                      Last edited by domonic; 09-03-2011, 14:01 PM. Reason: added text

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                        #41
                        I would still contact the guy at the council to tell him what's been going on. When does the notice period expire?

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                          #42
                          i did contact the guy at the council, he was confused but thought the landlord was trying to reduce the price until i pointed out that the particular work was actualy underway as to the landlords own instruction.

                          the notice says must begin not later than 14th day of feb and complete within 12 weeks of that date

                          Comment


                            #43
                            But you said "repairs havnt even begun other than the specific one". So although some of it has begun, won't the council take action over the repairs which haven't begun? If they can't or won't, then I guess you'll have to wait it out till May. Ultimately, if the LL fails to comply with the notice, he can be prosecuted and fined, and the council can arrange and pay for the repairs and charge the cost to the LL.

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