Does The Local Authority Have The Right To Repair Tenant's Boiler?

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    Does The Local Authority Have The Right To Repair Tenant's Boiler?

    In a situation where a tenant is on benefits and has their housing benefit paid, and the boiler in a landlord's private property has stopped working. Does the council have the right to enter and make repairs? If so, after how much time can they enter the property and carry out repairs without the landlord's consent?

    #2
    By enforcement notice.

    If tenant complained to the council ( Built Environment, the stupid
    name is here, for complaints about landlords ) that the landlord refused
    toget boiler fixed, Council would write to landlord to ask when it will be
    fixed. If no reply, or no joy from landlord, council may visit premises
    to see problem, then if landlord still will not fix,
    Will issue a 28 day enforcement order for him to rectify, ( not pressing
    items ) and if after 28 days the problem is not fixed, the council will
    get the problem fixed and bill the landlord.

    In other words, fix the problem without the landlords consent,
    because landlord is in breach of the housing act.

    Is that what you were looking for ?

    R.a.M.

    Comment


      #3
      Thanks for this. But where is this stated and do all LA's follow the same timescale of 28 days?

      Comment


        #4
        Originally posted by EViS View Post
        Thanks for this. But where is this stated and do all LA's follow the same timescale of 28 days?
        Don't know where it is stated, it's just my personal experience. ( Currently suing ex-Landlord ).
        Council say fix it in 28 days or we do it, and bill you.

        But you stated "Does the council have the right to enter" but now you
        are talking letting agents, which is a totaly different matter.

        You fix problems a.s.a.p.

        R.a.M.

        Comment


          #5
          That the tenant claims housing benefit does not affect the councils 'rights', it applies to all tenants in order to protect them from landlords who do not comply with their legal obligations.

          Those obligations even apply if the tenant is being evicted for non-payment of rent.

          Comment


            #6
            Originally posted by EViS View Post
            In a situation where a tenant is on benefits and has their housing benefit paid, and the boiler in a landlord's private property has stopped working. Does the council have the right to enter and make repairs? If so, after how much time can they enter the property and carry out repairs without the landlord's consent?
            I think you're getting this somewhat backwards. For the duration of the tenancy the right to possess and control the property is with the tenant. The landlord has limited rights of access as set out in statute and anything that might be reserved in the contract (so long as such reservation is limited to in scope and does not conflict with the tenant's right to quiet enjoyment), but nothing more. The question you should be asking is 'what right does a landlord have to prevent the council repairing a boiler in a property currently subject to a tenancy?' The answer is 'none'.
            Disclaimer:

            The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

            Comment


              #7
              Thanks for clarifying everyone.

              Comment


                #8
                I wonder if this is the same tenant that we advised the OP to get rid of in October last year?
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  Yes it is, and I followed your advice and am in the process of doing so.

                  Comment

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