Ongoing Issues With Bathroom / Hot Water

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    Ongoing Issues With Bathroom / Hot Water

    Good Afternoon,

    First of all, the questions.

    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? - Scotland

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? - Sole tenant AST

    Q3 – What date did current TA start dd/mm/yy? Jul 2011

    Q4 – How long was initial fixed term (6/12/24 months / other)? - 6m

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? - Monthly

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? - Yes, Start of tenancy

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy). - N/A

    Q8 – Does the landlord live in the same property as the tenant? - No

    Now, onto my issue:

    Lived in this place since 2011. Originally let through an agent, but now deal directly with LL. Agent *did* protect the deposit, we have not received any details from LL regarding the new protection (Well outside the allowed time by a factor of years - this is irrelevant to this current situation).

    We have, since November 2017 had an ongoing issue with our combi boiler either not delivering hot water at all or sporadically delivery. This was reported when it was first observed. The LL changed the taps (as it was accompanied by a pressure issue). This resolved the pressure problem, but not the heat issue. It was reported again, we were ghosted by the LL (although at the time, we thought they were working on it). Summer arrived, GCH became a non-issue and we went through summer with no real issues (occasional problems running the sink - we reported again, ghosted again). We have an electric shower, which worked fine until recently, so we didn't want to hassle the LL (although maintained reporting when needed).

    About a month ago, the shower decided it didn't want to play anymore. It would deliver water at the required temperature, then after about 10 minutes would cut out entirely. No flow. A few days later, this 10 minutes had reduced to less than 2, and now, this morning, it didn't even start. We reported the issue when it arose. LL visited with his "guy" who determined he knew the issue with the shower and boiler. They left, we now have the "guy" coming this Sunday to replace the boiler. We asked the LL if they would be replacing or fixing the shower also and we were advised that they would not be doing this as they were unable to financially. They advised that if we wished to do it (through their "guy"), then we could see about that.

    Obviously, this is disappointing. It is impractical to run a bath every time we want to clean ourselves, particularly when working shifts, I don't fancy getting up another 20 minutes early to run it.

    Our LL has historically been troublesome with fixtures (it took us a long time to get approval for picture pins, no approval for shelving), so we don't believe that we will get permission for anyone other than his "guy" to install a new shower, or for us to personally install a mixer from the boiler.

    Our TA includes a "Standard Letter" which states that the LL will meet the "Repairing Standard" during the tenancy. This includes "Installations in the house for the supply of water, gas, and electricity and for sanitation, space heating, and heating water" and "any fixtures, fittings and appliances provided under the tenancy". Our inventory includes the electric shower. Conversely, the TA proper includes that I am responsible for minor internal repairs to wiring, plumbing, decoration, and equipment caused by my negligence. I am also not permitted to change fixtures or fittings without permission.

    I realize I cannot "compel" the LL to complete the work without court (something neither of us wishes to do), nor can I withhold rent. What options are realistically available to me to get this shower working or repaired? I am not unwilling to pay the initial outlay to remedy this but am unwilling to pay outright for something which I pay rent for. We have already replaced an oven at our expense (we did not realize it was probably theirs to replace).

    Any help would be wonderful
    Last edited by Aew17; 04-10-2018, 16:18 PM. Reason: Edit: Add tags

    You need to weigh up what it will cost you to move compared with playing ball.

    What is it going to cost you to replace the shower? £100?

    I'd pay up IIWY.


      Does your TA go on to say (my bold);

      "(including basins, sinks, baths and sanitary conveniences but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity)"


        So this is Scotland and is required to meet repairing standard,

        It's no longer court but the FTT that sorts things.

        Have you written (yes WRITTEN! - keep copy) to landlord about these issues? If not, please do so, using draft letter here
        & if not sorted then pursue through FTT, detailed in Shelter Link. The processes to sort such issues have been put in place by Scottish government. Use them or assume it wont ever get fixed!

        However, this landlord sounds like he's always going to be hard work. Why haven't you moved quite some time ago?
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


          Thanks all for your responses.

          JK0 - We have considered this, need to look a little more in depth, but we both know we can't go through winter like this.

          boletus - It does not have this line or anything similar, in fact, it does contain: "A house meets the repairing standard if the following conditions are met ... "any fixtures, fittings and appliances provided under the tenancy are in reasonable repair and proper working order". This is within a list of bullets that the LL commits to maintain including furnishings, smoke alarms, pipes etc.

          theartfullodger - We have communicated by SMS and in person. We will proceed to use the draft letter you have linked to when we are in a financial position to accept a revenge eviction. The LL has always been difficult. They are the LL of only this property, and they are the neighbours (purchased as a BTL to ensure they could decide any future neighbors). Unfortunately, as the breadwinner in the family, any future application and associated credit check would be problematic until next month when a Trust Deed and associated credit marks will be removed from my credit file. We had intended to purchase as soon as possible, but we may need to stick it out here for a little longer.

          Thanks again for your responses, very helpful indeed!


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