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charli
26-01-2009, 19:09 PM
Hi,

We have been living in our flat since April 2007 and have had lots of problems with the landlord/hot water.the cooker hood fell off and the water has never been working properly and we always have to use the immersion to heat it a bit extra so that it is warm enough for a shower.

The problem that we now have is that the hot water has now stopped working and we only have the immersion working - but without the other heat the water cannot be used for showers. This has happened before but was normally fixed within about 2 weeks and normally just before we did anything about it.

We called the landlord on 11th Jan 2009 and someone else answered the phone saying that the landlord was away on holiday and that he couldnt do anything. So we called the estate agents as we pay our rent to them every month we thought that they would help us. They said they couldnt do anything and that we would have to wait for him to come back.

So..... we waited and called the LL a few more times and someone different answered the phone each time telling us that they would contact him on a different number - that we were not able to have and get him to call us.... so we waited and then finally got a call on Sat 24th!! So he said that he would send someone on 25th (they never came) then today 26th some guy who didnt seem to know the first thing about hot water came over. I explained to the guy - who had very poor English that we had no hot water and we thought that the problem was the same as last time - a broken element. He said no its an electrical problem and something about the fuse box that we didnt understand so I called the landlord who said not to embarass him and tell him that he would call an electrician when actually he was calling a different "plumber".

So we have no hot water at present and..... surprise surprise the cooker hood has never been put back!!:mad:

We have not had any hot water now for over 2 weeks and we have no appointment with anyone to fix it. We really dont know what to do or where we stand legally. Can we insist that he fixes it? or that the person that comes is qualified?
If anyone could give any advise it would be greatly recieved!!!

Thank you

mind the gap
26-01-2009, 19:43 PM
Hi,

We have been living in our flat since April 2007 and have had lots of problems with the landlord/hot water.the cooker hood fell off and the water has never been working properly and we always have to use the immersion to heat it a bit extra so that it is warm enough for a shower.

The problem that we now have is that the hot water has now stopped working and we only have the immersion working - but without the other heat the water cannot be used for showers. This has happened before but was normally fixed within about 2 weeks and normally just before we did anything about it.

We called the landlord on 11th Jan 2009 and someone else answered the phone saying that the landlord was away on holiday and that he couldnt do anything. So we called the estate agents as we pay our rent to them every month we thought that they would help us. They said they couldnt do anything and that we would have to wait for him to come back.

So..... we waited and called the LL a few more times and someone different answered the phone each time telling us that they would contact him on a different number - that we were not able to have and get him to call us.... so we waited and then finally got a call on Sat 24th!! So he said that he would send someone on 25th (they never came) then today 26th some guy who didnt seem to know the first thing about hot water came over. I explained to the guy - who had very poor English that we had no hot water and we thought that the problem was the same as last time - a broken element. He said no its an electrical problem and something about the fuse box that we didnt understand so I called the landlord who said not to embarass him and tell him that he would call an electrician when actually he was calling a different "plumber".

So we have no hot water at present and..... surprise surprise the cooker hood has never been put back!!:mad:

We have not had any hot water now for over 2 weeks and we have no appointment with anyone to fix it. We really dont know what to do or where we stand legally. Can we insist that he fixes it? or that the person that comes is qualified?
If anyone could give any advise it would be greatly recieved!!!

Thank you

The situation you describe is entirely unacceptable and your LL should be ashamed of himself. The estate agent may not in fact be incharge of managing the property, just collecting the rent. So they won't be interested, I'm afraid.

Your LL is in breach of contract by not arranging a repair. (He is by law required to ensure you have the means to heat water for shower/bath). Write to LL telling him so and advising that unless he organises a repair immediately, you will. Give him 3 days. Then instruct a plumber and/or an electrician yourself, pay the bill, and deduct the cost from your rent. You might as well get the cooker hood fixed at same time as you have asked repeatedly. If LL complains, (and threatens court action) to recover the rent, tell him he is in breach of his statutory obligations under the Landlord and Tenanct Act and that you will report him to the Environmental Health dept of the council who will be interested to hear about it.

Keep an accurate written record of all the communication you have had with your LL as you may need to prove that you did request the repair several times and that he took no action.

Good luck.

charli
26-01-2009, 22:29 PM
ok! I have all the details of phone calls/text messages that I have sent to him. I was informed that he has moved house so the address we have on the tenancy agreement is incorrect.

I believe that because I am paying the rent to the estate agent that if I request his address in writing to them then they have to give it to me? so I ill hand deliver that tomorrow- to make sure it doesn't get lost in the post.

Then when I have got the address I will write to him. But in the meanwhile if he hasn't contacted me with an appointment before Thursday 9am I will book and pay for the plumber then send him a bill.

I was going to ask him for some kind of compensation/ money towards our monthly electric bill as they are high because we have to use the immersion. Do you think that this would be reasonable? the bills are £120 per month and we pay £900 per month rent. not including any bills.

I want to get this sorted but at the same time I don't want to get into a situation where he hands me a weeks notice and tells me to get lost!

Thank you!
Charlotte

mind the gap
26-01-2009, 22:36 PM
ok! I have all the details of phone calls/text messages that I have sent to him. I was informed that he has moved house so the address we have on the tenancy agreement is incorrect.
It was his responsibility to inform you if the address you were given, changed.


I believe that because I am paying the rent to the estate agent that if I request his address in writing to them then they have to give it to me? so I ill hand deliver that tomorrow- to make sure it doesn't get lost in the post. Yes, must give you an address in England and Wales at which notices may be served on LL (which is what you want to do, effectively).



Then when I have got the address I will write to him. But in the meanwhile if he hasn't contacted me with an appointment before Thursday 9am I will book and pay for the plumber then send him a bill. How can he respond if he hasn't had your communication - have you emailed/text-messaged it to him? Should be in writing/printable form.



I was going to ask him for some kind of compensation/ money towards our monthly electric bill as they are high because we have to use the immersion. Do you think that this would be reasonable? the bills are £120 per month and we pay £900 per month rent. not including any bills. You can try - he will probably refuse. It's a very grey area. There's nothing in the TA to support this kind of claim on him, I'll bet.



I want to get this sorted but at the same time I don't want to get into a situation where he hands me a weeks notice and tells me to get lost! If you have an AST he cannot try to evict you on the grounds that you insisted on repairs. When does your tenancy end?


Thank you!
Charlotte[/QUOTE]

hope this is helpful...

charli
26-01-2009, 22:45 PM
It ends end of April,

I have sent him letters in the past to his previous address he moved house just after Christmas. Since then I have spoken to him on the phone and I have sent emails to the estate agents but i have no email address for him.

I will start at step one tomorrow. I will request the address from the estate agents. I will also send recorded delivery a letter to the business thati know he owns so that he cant deny receiving it.

Thank you for your help!!

At the end of the day I dont think that he would be able to evict us on any grounds.... We always pay on time the place it cleaner than when we moved in and we dont cause him any aggrovation.

mind the gap
26-01-2009, 22:54 PM
Good luck with all that. He sounds as if he could do with a bit of aggravation!

Has he/agent protected your tenancy deposit in a scheme, by the way?

Wet
26-01-2009, 23:05 PM
Call in a plumber, get it fixed yourself and deduct from rent.

mind the gap
26-01-2009, 23:09 PM
Call in a plumber, get it fixed yourself and deduct from rent.
I'm sure that is exactly what Charli will end up doing, as I have advised, but if she does it without advising LL formally, she strengthens LL's case for suing her for the unpaid rent. If she tells him first, a court would be more sympathetic as she has clearly behaved reasonably and given him the opportunity to remedy the problem.