Rent Rebate?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Rent Rebate?

    My friend rents a property through a managing agent. Recently the boiler in the property was condemned and a new boiler was arranged and fitted. It took eight days to complete all the work and during that time she had no heating or hot water other than a real coal fire in the main lounge. Consequently, she and her son had to stay with relatives during this time. Can she ask the Landlord for a rebate on her rent and if so is there any statutory amount the Landlord is obliged to pay? Thanks

    #2
    To be honest, getting the work done as quickly as that was pretty good going by the Landlord- have you tried getting tradesmen to quote and complete such work in such a short time?

    Wiser heads than me might correct me, but I believe it would depend on what the Tenancy agreement says. (For example, mine states that should the house become uninhabitable due to a risk which I have insured against, but the tenant is not negligent, the rent will cease to be due.) Whilst the boiler failure is unfortunate, unless the Landlord could reasonably have taken steps to prevent it in advance, it seems like just one of those things. After all, if she owned the house herself and the boiler failed she would have to cope and wouldn't get a mortgage rebate, for example.

    Comment


      #3
      Lack of boiler/heating: see my posts about 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


        #4
        I have to put Miffy right!
        Originally posted by Miffy View Post
        To be honest, getting the work done as quickly as that was pretty good going by the Landlord- have you tried getting tradesmen to quote and complete such work in such a short time? A mistake often made by landlords - it's not the tenant's problem and no space heating in the middle of winter for more than 24 hours is unreasonable and makes the landlord liable under S.11 of the Landlord & Tenant Act 1985. The lanldord could of course have provided the tenant with several convector heaters immediately which would comply under the act so that's where the boiler breakdown delay in repair/replacement is unimportant

        Wiser heads than me might correct me, but I believe it would depend on what the Tenancy agreement says. Er.......not necessarily!(For example, mine states that should the house become uninhabitable due to a risk which I have insured against, but the tenant is not negligent, the rent will cease to be due.) That is only what I would expect.Whilst the boiler failure is unfortunate, unless the Landlord could reasonably have taken steps to prevent it in advance, it seems like just one of those things. After all, if she owned the house herself and the boiler failed she would have to cope and wouldn't get a mortgage rebate, for example. You're missing the point - tenants have rights!
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

        Comment


          #5
          OK, so you aren't suggesting that the LL has to sort the faulty boiler out in an impossibly short space of time, but you ARE saying that the LL has to provide some alternative (such as convectors). That seems reasonable (although I hadn't thought of it, so thanks for that it case it happens to me-thinking outside the box and all that!)

          What about the hot water problem, though? Is space heating a necessity but hot water not?

          Apart from the duty to carry out repairs, is there provision in the act for compensation etc as the OP asks? I was under the impression that if the LL acts in a reasonable time scale to put the matter right, then its OK.

          (Apologies to Jeffrey, but do you have the link to that thread? If I search section 11 it tells me that 11 will be disregarded!) EDIT- never mind, apparently "1985" works!

          Comment

          Latest Activity

          Collapse

          Working...
          X