PDA

View Full Version : No heating for last 40 days?



ellena
13-02-2010, 10:19 AM
So my sis is in rented, the boiler broke 35 days ago. landlord says he can't get the part required which from enquiries would seem to be true.
SDis has gone to council. They say he has to be given a 'reasonable' length of time to fix it and are supposed to be serving notice on him (what does that mean?) this week.
She wants to move out, has found another place and they want references. Current landlord is off to Spain for a week so says he can't do them until he gets back. This will also be 1 day after next month's rent is due.
Letting agent for poss. new house is also on holiday until monday.
If she waits until monday to see if she can have the house without a ref, it will be too late to give notice to current landlord without having to pay another month's rent.
So Qs-
Does she have to pay rent with him breaking contract with no heating?
Does she have to give notice for above reason?
If she gives notice, can she retract it?
What can she do practically to get heating fixed?
Occupants are her and 6 year old boy. Given how the weather has been for the last 35 days, it must've been horrendous. To top it all, boy's ceiling has started leaking too!
Thanks for any advice

westminster
13-02-2010, 11:39 AM
Re giving notice: Does your sister have an Assured Shorthold Tenancy, is the property in England/Wales, and is rent due monthly?

What date is the last day of the last fixed term agreement your sister signed? i.e. is she still within the fixed term, or is the tenancy now on a rolling monthly basis (periodic tenancy).

Re the council: the notice is probably a notice telling the landlord to make the boiler repairs.

Your sister has done the correct thing in contacting the council. The only other option (which may be slower than waiting for the council to serve notice etc) is to follow a procedure of writing to the landlord repeatedly and then eventually carrying out the repairs herself and deducting the cost from the rent. The procedure is described in the following link - it must be followed exactly, or your sister will risk eviction for rent arrears. Your sister should keep copies and proof of postage of all the letters. A free certificate of posting from the PO is sufficient proof.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/tenants_doing_repairs

ellena
13-02-2010, 13:21 PM
Thanks for the reply :)
The property is in england, with monthly rent. Not sure about the fixed term/rolling-will ask.
So there's really no way of speeding things along, even given the recent weather? I thought landlords were obliged to make sure basic things like heating and water etc were available? Does the fact she has a child make any difference?
Given that the required boiler part seems genuinely unavailable, what work would you advise she gets done, following the procedure? (thanks for that link)
Once the council have served notice, what threat is that to him? He's messed about this long and might even still be in spain.

westminster
13-02-2010, 13:46 PM
Thanks for the reply :)

So there's really no way of speeding things along, even given the recent weather? I thought landlords were obliged to make sure basic things like heating and water etc were available?
Yes, they are. See
http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-11-landlords-repairing-obligations.html

LL should have provided temporary heaters. But repairs must be carried out in a 'reasonable' time, as the council said.


Given that the required boiler part seems genuinely unavailable, what work would you advise she gets done, following the procedure? (thanks for that link)
As I said, it may well be slower to follow this procedure now that the council are already involved.

But do you mean that the boiler part is discontinued and will never be available, or just that there is a few weeks wait to obtain it?


Once the council have served notice, what threat is that to him? If LL fails to comply with the notice, the council may either carry out the repair themselves and charge the cost to the landlord and/or prosecute the LL in serious cases of disrepair.

ellena
13-02-2010, 21:44 PM
Right, so temporary heaters as a minimum. Not really a temp. water heating solution is there? Not sure on part availablility, I'll ask and get back to you.
Thaks for the replies, much appreciaited :)

ellena
15-02-2010, 09:30 AM
Bit more info. The part is in stock in Stoke apparently. It's just there's a problem getting new delivery of stock so nowhere local has it. So he could get it from somewhere.
He has given her heaters, but only when pressed by my father. He seems to have a very uncaring attitude and isn't prepared to go to any effort to sort the problem which I think is really bad considering the weather we've had recently. And she still has no hot water, not sure what he could do about that on a temporary basis?
This is the 3rd week since council said they would serve notice, so they seem to be dragging their heels for some reason as well.

tom999
15-02-2010, 11:05 AM
And she still has no hot water, not sure what he could do about that on a temporary basis?On a practical basis, boil hot water in an electric kettle or on the cooker. Write to the LL, informing them that you wish to be reimbursed for the extra water heating costs.

sjcollett
17-02-2010, 21:15 PM
did i miss something - but if the part is in stoke then surely they can post it?