We have Inadequate Heating

[HollyD]

We recently started letting a property, when we looked around we were NOT informed that there was no gas central heating. There are radiators in every room and we were asked if it was a problem that the original coal fire of the house had not been blocked up (as we have a young child) We said it wasn't a problem (there was an electric heater in front of the original fire) and we proceeded to rent the house.

The day after we signed the contract and collected the keys. When we looked around the property I realised there was no boiler or thermostat for the heating. I contacted my husband who contacted the letting agency who said we

"must have been told the heating system is run by the coal fire"

We were told nothing of the sort had we been we would never have signed the contract. After much debate and dealings we got a verbal agreement out of our landlord (passed to us through the agency) that he would fit GAS CENTRAL HEATING by the end of September. We recently got a letter saying that the landlord is no longer willing to do this due to financial difficulties.

My husband called and asked what was going on as the only reason we didn't use the 'ten day get out clause' on the tenancy agreement was because we had been told that without a doubt the heating would be upgraded. The agency said that it didn't make any difference what we had been told but that there would be no new heating system installed.

We recently had to start lighting the coal fire (cos it's freezing!!) and we turned the pump on to get the heating system going. It didn't work! We had blazing hot fires going and the radiators didn't so much as get warm. We called the agency and someone came out after 5 days and said the pump was faulty. The engineer said he was going to advise we have a new heating system. He did not stay to check the pump had started working.

That same evening we checked if it was working and again we had no heating. We called the agency the next day and someone is coming out this Friday to 'have a look at it.' I keep being told that 'nothing can go wrong with the system except the pump' but something is not working correctly, we have no way to keep our house warm (except the living room where the fire is) and we have a 4 year old asthmatic child in the house. We are waking up in the night because it is so cold.

Can anyone please give me some advice on what we can do? We understand that money is tight for everyone at the minute but we also know that we are entitled to have heating in our house and we have no way at all of keeping us warm.

Thank you for any help

HOlly

[wilfred]

What type of tenancy do you possess, and how long is your tenancy for?

Under the 1985 Landlord & Tenant Act section 11, the Landlord is responsible for all heating and hot water in the property. (see c)

11. Repairing obligations in short leases.
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),.
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (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), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

[mind the gap]

There is no such thing as a 'ten day get out clause' in a tenancy agreement, by the way.

At least someone is coming on Friday to see to the pump. In the meantime, light the fire, leave all the doors open in the property so the heat is spread around, and perhaps use the electric fire as well in the room which is coldest.

Did you not ask to see the EPC for the property before you rented it? That would have shown the type of heating, how energy efficient the property is (or is not) and how much it is likely to cost you each year to heat the rooms and hot water, and to light it.

If your LL continues to drag his feet, however, you should contact the EHO at your council who can require your LL to carry out repairs.

[HollyD]

We have an Assured Shorthold Tenancy which is for 6 months then it goes to a rolling contract. It runs out in November and we have a 2 month contract period.

Mind the Gap: it was written into our contract that should we change our mind, for whatever reason, within 10 days we would be able to get a full refund of all monies paid.

Also I have no idea what an EPC is? Sorry if that sounds a bit thick I've never seen one before or heard of one before?

[wilfred]

We have an Assured Shorthold Tenancy which is for 6 months then it goes to a rolling contract. It runs out in November and we have a 2 month contract period.

Mind the Gap: it was written into our contract that should we change our mind, for whatever reason, within 10 days we would be able to get a full refund of all monies paid.

Also I have no idea what an EPC is? Sorry if that sounds a bit thick I've never seen one before or heard of one before?

An EPC is an Energy Performance Certificate. Every landlord is required by law to have one if he lets a property. It is banded, and will give you an idea of how energy efficient and economical the property is to heat. If you only have open fire-places and electric fires to heat the flat, you will come very low down the banding.

[HollyD]

An EPC is an Energy Performance Certificate. Every landlord is required by law to have one if he lets a property. It is banded, and will give you an idea of how energy efficient and economical the property is to heat. If you only have open fire-places and electric fires to heat the flat, you will come very low down the banding.

Oh right, thank you for that. If only I knew before however as I previously said we were told it had 'proper' central heating. There are radiators in every room which run from a back boiler behind the coal fire but they just don't work.

The engineer has just been and said they have no idea how to fix it or because the system is that ancient noone has knowledge of them. He hasn't done anything so we are no better off today after the engineers call.

[tlangdon12]

It sounds like you are being royally messed around with - in terms of fixing the fire you have.

There is advice on how to force the landlord to undertake their repairing obligations on this website, but the tenancy agreement was not made conditional on the installation of gas central heating, so you are stuck with the property you have agreed to rent, unless the landlord will release you from the agreement. This may be the best thing, as it sounds like your relationship with the landlord has falled at the first hurdle.

Coal-fired central heating systems are pretty simple, FIRE+WATER+PUMP+RADIATORS = CENTRAL HEATING. . The engineer sounds useless, but that's your landlords problem not yours. I would get onto Environment Health immediately as you have a child and no prospect of working heating in the house.

However in September in the UK, you are not going to freeze to death - just pile on the jumpers and duvets - sleeping bag inside a duvet is a usually warn enough. You could talk to your landlord about him paying for the electric to heat your bedrooms with convection heaters - that might persuade him to get this sorted quickly.

[HollyD]

It sounds like you are being royally messed around with - in terms of fixing the fire you have.

There is advice on how to force the landlord to undertake their repairing obligations on this website, but the tenancy agreement was not made conditional on the installation of gas central heating, so you are stuck with the property you have agreed to rent, unless the landlord will release you from the agreement. This may be the best thing, as it sounds like your relationship with the landlord has falled at the first hurdle.

Coal-fired central heating systems are pretty simple, FIRE+WATER+PUMP+RADIATORS = CENTRAL HEATING. . The engineer sounds useless, but that's your landlords problem not yours. I would get onto Environment Health immediately as you have a child and no prospect of working heating in the house.

However in September in the UK, you are not going to freeze to death - just pile on the jumpers and duvets - sleeping bag inside a duvet is a usually warn enough. You could talk to your landlord about him paying for the electric to heat your bedrooms with convection heaters - that might persuade him to get this sorted quickly.

the landlord has refused to release us from our tenancy we have looked into that but by the time the tenenacy is up it's nearly Christmas and we don't want to be moving at Christmas I hate moving anyway but Christmas move would be a nightmare not even to mention that my daughter is autistic so every move we make unsettles her and brings out the worst of the condition (which generally is violence towards others and herself) and it is so difficult to deal with, she settled in fairly quickly at this house and we really don't want to unsettle her unless we really have to.

And being in Sheffield I guess you;ll know how wet and nasty its been this last week (i'm just up the motorway in Wakefield lol) my daughter woke up screaming cos she was freezing the other night ; wrapped up in 2 blankets and her duvet.

I had thought about calling environmental health but I wondered where we 'stood' if the landlord spits his dummy out and decides to evict us? Can he evict us does anyone know? I mean I guess he can say he wants to terminate the contract at the end of the 6 months? I really don't know about any of this I've rented 4 houses in the last 10 years and never had such problems so it's all kind of new to me Im afraid :(

[tlangdon12]

The landlord cannot evict you ahead of the termination of the fixed term period.

The landlord can start the proceeedings to evict you after the end of the fixed term, providing they have given you two month's notice - which they are likely to do the moment they decide that they don't want you
to be their tenant. You are in your landlords hands with eviction, ultimately the landlord will always be able to evict someone where the tenancy is an AST.

But eviction proceedings take time, so I expect you will be able to stay in the propertey until the new year. If this would suit you. You need to continue to pay rent, but may ultimately able to withhold rent that you have spent on performing the repairs that the landlord would not, however you should not do this without taking proper
legall advice.

Given your daughter is asthmatic, I don't think even a working open fire/back boiler is going make this property a long term option for you - unless it is replaced as a matter of urgency.

The landlord has indicated he would be prepared to have the work done, but cannot pay for it himself.
The landlord may be taking advantage of the situation, to see if you will contribute to the cost of the work.
I would not do so without the landlord tearing up the current agreement, and agreeing to sign a new one for a
longer fixed term. In any new agreement i would want to see two levels of rent set; a really low one for while the work remains undone, and the other (your current rent) when it is done. That way you're agreement with the landlord is contracturalised and the landlord incentivised to prioritise the work.

I'm sorry you are going through this, it is unfortunate, but ultimately it is not the landlord's fault that the property does not meet your specific needs.

[tlangdon12]

BTW: The EPC is a good starting point to agree what provision by the landlord will qualify them to receive the full markt rent - just getting a gas boiler installed should not be your aim, you need to get a clean, fully functioning, efficient heating system if you are to stay in this property, so don't let the landlord just fit a boiler, without reviewing the condition of the radiators and controls. Ask to see the EPC.

[HollyD]

We have asked for a reduction in rent due to the lack of work being carried out despite the agreement made, the agency refused (i'm not sure if that's because the landlord said he wouldn't or because the agency didn't ask as they told us there and then?) we have requested the landlords name and address so we can write him a letter (I read somewhere that if you request if the agency has to supply it within 21 days I hope that's correct) asking what action he is going to take. The agency told us it would definitely be done within 1 year however after going back on the original "end of September" has left me with doubts that that will be stuck to either, we have also asked for that in writing as last time we had a verbal agreement and said tough and we weren't going to end up with no proof on our side again.

It's really annoying as the house in every other way is exactly what we wanted; its just around the corner from school has a huge garden etc etc and the fact we were lied to about the heating system just makes it more infuriating for us.

[tacpot]

The agency will be out of pocket if they grant you a rent reduction, so this is why they have said no.

You are correct that you have to be given the landlord's name and address within 21 days.

Although you are angry and upset, and feel you have been lied to, your letter to the landlord should not reflect any of this. You need to get the landlord on side - explain that you have made a mistake in taking the house without realising that the main heating system relied on an open fire, and with an asthmatic child the house really isn't suitable, although "in every other way is exactly what we wanted" and you want to stay.

Explain that you understand why they can't immediately afford to pay for a new gas boiler, and explain that you want to discuss all the options that would allow you to be completely happy with the house. You need to get the landlord talking about doing something.

Your best hope is probably that the engineers can't fix the current system, and the only way the landlord can meet his basic obligation of providing basic heating in the property is to replace back boiler with a gas boiler.

[HollyD]

Thank you

I wouldn't allow my frustrations to come across in a letter, which is why I feel writing to the ladnlord would be beneficial I have got quite frustrated with the agency recently as they keep talking to us like we are idiots (honestly they've asked if we have the fire hot enough which is just silly because it;s really not that hard to get a fire going)and saying that we must be "using the system wrong" as you said it is pretty straight forward however if I put the issues in writing I can remain much calmer while trying to figure out some kind fo solution. we've spent a lot of hours and money getting the house (and garden which is 80ft by 60ft and was completely overgrown with 6 ft weeds everywhere when we first moved in) to a 'homely' condition (we are allowed to do this to the property it was in our agreement ) and we don't want to give it up if we really don't have to I'll call the agency tomororw and request the land lords details and hope we can get something sorted Thank you for your advice :)

[Bel]

Thought; Do you know if the chimneys have been swept?

It will do no harm for you to talk to somebody from environmental health on the telephone about your situation.

They may wish to inspect. They could decided to force the LL to complete works.

Once you have an idea if they will support you, you can always ask for LL to agree to surrender or you will let them inspect and he will have to risk the 'fall out' from the EHO if he wont let you go.

Calling in the EHO may not help your relationship with LL