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Jasmine
06-04-2010, 21:14 PM
Hi

We are tenants in a privately rented property and have had no heating or hot water for 2 weeks. We have 2 young children and have had to take them to parents house for showers etc. We had a new boiler installed in August last year and apparently a seal has gone on it so the plumber turned the boiler off. He has constantly been telling us that he ordered the part from Glow Worm but still it has not turned up. The landlord is blaming the plumber for not dealing with the matter quickly enough but we believe it is ultimately the landlord's responsibility and he should be taking the responsibility. Can we withhold rent for this? Comments would be appreciated.

mind the gap
06-04-2010, 22:16 PM
That sounds miserable and you have my sympathy. Two weeks is beyond what most would consider acceptable in your circumstances, I think. At this stage I would be minded to contact the LL in writing (email or letter) and remind him that he is in breach of his statutory repairing obligations under Section 11 of the Landlord and Tenant Act 1985 and that you would like him to ensure the boiler is repaired by this Friday 9th April or re-house you somewhere which does have a working boiler. In the meantime he should provide you with convector heaters - or you could buy some yourself reclaim the cost from the rent.

In the end you could contact the EHO who can put pressure on him, too.

If he is genuinely waiting for the part, you could also request a partial refund of rent to cover the period when you have been without heating & hot water. If he refuses, you could issue a claim for this, especially if the repair takes longer than four weeks.

Jasmine
29-04-2010, 23:11 PM
Following on from my earlier post about the boiler. The boiler has now been repaired so we were 2 weeks without heating and hot water in the end. We have briefly discussed the issue of rent compensation with the LL and he says that because for the last 7 months we have not paid our rent on time we should not be entitled to any compensation. It's true the rent has not been paid on time but this was because my husband was unemployed and we were struggling with my income (part time job) and JobSeekers money but the rent was still paid. We still feel despite this we should be entitled to some compensation for inconvenience and extra expense caused by the lack of heating and hot water. The LL has said that following further discussion with us if he does not agree to any rent compensation but we still go ahead and deduct some rent he will serve us notice. Can he do this?

matthew_henson
30-04-2010, 02:46 AM
Following on from my earlier post about the boiler. The boiler has now been repaired so we were 2 weeks without heating and hot water in the end. We have briefly discussed the issue of rent compensation with the LL and he says that because for the last 7 months we have not paid our rent on time we should not be entitled to any compensation. It's true the rent has not been paid on time but this was because my husband was unemployed and we were struggling with my income (part time job) and JobSeekers money but the rent was still paid. We still feel despite this we should be entitled to some compensation for inconvenience and extra expense caused by the lack of heating and hot water. The LL has said that following further discussion with us if he does not agree to any rent compensation but we still go ahead and deduct some rent he will serve us notice. Can he do this?

If you are still in the fixed term of a contract (6 or 12 months AST) then he could try and use a section 8 process to remove you but as you do actually pay the rent each month it is unlikely he would win an eviction hearing. However if you are in a periodic contract or getting close to the end of the fixed term he simply needs to serve a section 21 notice and you will have to leave (it may take a while if you don't move out when requested but it will happen)

Arguably he is right and personally I wouldn't push it

thesaint
30-04-2010, 09:44 AM
Compensate him for the rent being late, and call it quits.

westminster
30-04-2010, 10:12 AM
Following on from my earlier post about the boiler. The boiler has now been repaired so we were 2 weeks without heating and hot water in the end....We still feel despite this we should be entitled to some compensation for inconvenience and extra expense caused by the lack of heating and hot water. The LL has said that following further discussion with us if he does not agree to any rent compensation but we still go ahead and deduct some rent he will serve us notice. Can he do this?
Two weeks isn't an unreasonably long time in which to arrange a boiler repair if the part needed wasn't available. You might still be entitled to some compensation but it wouldn't be that much - perhaps 50% or less of the rent for the two weeks. Landlord has no obligation to agree to compensate you, nor are you entitled to withhold rent; you'd have to issue a claim and let the court decide.

None of this affects the LL's right to serve notice.