alisonf
13-02-2007, 18:35 PM
Hello,
I was reffered here by the very lovely helpfull MrShed.:D
I am going to post the letter I sent to my landlord as it explains everything, my landlord essentially thinks its all aload of tosh.
Dear Mrs and Mrs Evil Lanlord
RE: Broken Boiler at MYHOUSE
We are writing to you in regards to the broken boiler at MYHOUSE, a property we are renting from you. As you know, we informed you that the boiler was broken shortly after we moved in on the 12th January, nearly one month ago. Despite this, very little was done to rectify the situation until the boiler degraded from simply turning itself off every ½ hour to the point that we were left without any hot water or heating at all. At this point, MYPARTNER called you to explain the situation and the level of distress it was causing.
As you are aware, the situation has not improved, despite numerous visits and the replacement of a number of parts, the boiler is still not working. This means that we have spent the past week with no heating and no hot water at all. As I am sure you know, during this week we have had the worst snow in 10 years and the temperature has dropped down as far as -5 degrees Celsius. We can assure you that it was in fact no warmer inside this house.
Furthermore, the impact on our quality of life has been colossal. Apart from suffering extremely cold temperatures in the house, we have been unable to take showers or baths and Alison’s heath has deteriorated significantly due to the cold. This has led to a number of visits to the Chiropractor in order to free up her back and relieve some of the pain. Because of this, she has not been able to work over the past week. Meanwhile, we have had to purchase and use expensive to run electric heaters in a vein attempt to take some chill off the house and try to prevent any damage to the considerable amount of expensive, temperature sensitive, electrical equipment we own.
We have now spoken to the local Environmental Health officer who has advised us that a home that does not have heating or hot water is, in fact, classified as ‘unfit for human habitation’. Clearly this is an unacceptable situation.
At this point we feel we have no choice but to draw your attention to section 3 of our Assured Shorthold Tenancy Agreement, entitled “Landlord’s Obligations”. Please note the first paragraph:
PLEASE NOTE: These are the things that the landlord agrees to do or not to do. If the landlord breaks or does not comply with any of his obligations in this agreement or of his statutory obligations, the tenant may be entitled to claim damages or compensation from the landlord, or to seek other legal remedies against the landlord.
And the following points:
3.3 To comply with the requirements of section 11 of the Landlord and Tenant Act 1985 which imposes obligations on the landlord to repair the structure and exterior (including drains, gutters and external pipes) of the premises; to keep in repair and proper working order the installations in the premises for 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 water, gas or electricity); to keep in repair and proper working order the installations in the premises for space heating and heating water. In determining the standard of repair required by the landlord under this clause, regard shall be had to the age, character and prospective life of the premises and the locality in which it is situated.
3.5 To take reasonable steps to ensure that the landlord's domestic gas and electrical appliances and other similar mechanical appliances in the premises for which he is responsible are safe, in proper working order and in repair both at commencement of, and during the tenancy, as may be necessary from time to time in order to comply with the landlords obligations under the Gas Safety (Installation and Use) Regulations 1998, the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets etc., (Safety) Regulations 1994.
As you can see, you are required to ensure that the heating and hot water supply is in good working order at all times during our tenancy period. However, the heating and hot water systems have not worked properly during the entire period of our tenancy to date and for the past week they have not worked at all, rendering the property unfit for human habitation as detailed earlier. Furthermore, we understand that this situation may not be resolved for as much as another two weeks from now.
As you have not complied with your obligations as laid out in this legally binding agreement, we are entitled to claim damages or compensation from yourselves or to seek other legal remedies against yourselves.
We have tried to contact you on numerous occasions in order to try to resolve this situation but you have not been answering the telephone over the past few days. We learnt today (from your boiler repair man) that the reason for this is that you have gone on holiday. Not only did you not inform us that you were going away, you did not supply us with any emergency or alternative contact details for the time that you are away. Bearing this in mind, we feel that we have no alternative but to seek compensation from you as per the terms of our tenancy agreement.
We are mindful that as well as being tenants, we are also landlords for the property we own in Brighton and I can assure you that had a similar situation arisen at the property we are renting out we would have ensured that the matter was resolved immediately, even if this meant replacing the boiler.
Bearing this in mind and taking into account that we have not had sufficient heating or hot water for the past month and that the Environmental Health Officer has informed us that this property in its current condition would be classified as unfit for human habitation, as well as the effect this has had on our quality of life and our ability to earn money, we feel it is more than fair to expect to be reimbursed for a full month’s rent of £995 and at a calculated daily rate of £33.17 for every day we are without heating and hot water after the 12th February 2007. Furthermore, we enclose receipts for three electric heaters, totalling £46.98 that we have been forced to purchase due to the situation detailed above. We request compensation for these items and we will, of course, leave the heaters in the house when we vacate the property.
We do not want to have to make this a legal matter and we sincerely hope to resolve this matter both amicably and in a timely manner. We look forward to your response.
Yours Sincerely.
my partner and alisonf.
CC LETTING AGENT ONLY - (they only find properties not manage them)
I should also note that the environmental health officer is not willing to get involved as the landlord has had a plumber round and is deemed to be "responsible" landlord.
Meanwhile I am in the worrying position of have a temp fix on the boiler that could potentailly overheat and go bang and I am FREEZING! Even our cat is cold-poor thing!
I would appreciate any advice!
Alison
I was reffered here by the very lovely helpfull MrShed.:D
I am going to post the letter I sent to my landlord as it explains everything, my landlord essentially thinks its all aload of tosh.
Dear Mrs and Mrs Evil Lanlord
RE: Broken Boiler at MYHOUSE
We are writing to you in regards to the broken boiler at MYHOUSE, a property we are renting from you. As you know, we informed you that the boiler was broken shortly after we moved in on the 12th January, nearly one month ago. Despite this, very little was done to rectify the situation until the boiler degraded from simply turning itself off every ½ hour to the point that we were left without any hot water or heating at all. At this point, MYPARTNER called you to explain the situation and the level of distress it was causing.
As you are aware, the situation has not improved, despite numerous visits and the replacement of a number of parts, the boiler is still not working. This means that we have spent the past week with no heating and no hot water at all. As I am sure you know, during this week we have had the worst snow in 10 years and the temperature has dropped down as far as -5 degrees Celsius. We can assure you that it was in fact no warmer inside this house.
Furthermore, the impact on our quality of life has been colossal. Apart from suffering extremely cold temperatures in the house, we have been unable to take showers or baths and Alison’s heath has deteriorated significantly due to the cold. This has led to a number of visits to the Chiropractor in order to free up her back and relieve some of the pain. Because of this, she has not been able to work over the past week. Meanwhile, we have had to purchase and use expensive to run electric heaters in a vein attempt to take some chill off the house and try to prevent any damage to the considerable amount of expensive, temperature sensitive, electrical equipment we own.
We have now spoken to the local Environmental Health officer who has advised us that a home that does not have heating or hot water is, in fact, classified as ‘unfit for human habitation’. Clearly this is an unacceptable situation.
At this point we feel we have no choice but to draw your attention to section 3 of our Assured Shorthold Tenancy Agreement, entitled “Landlord’s Obligations”. Please note the first paragraph:
PLEASE NOTE: These are the things that the landlord agrees to do or not to do. If the landlord breaks or does not comply with any of his obligations in this agreement or of his statutory obligations, the tenant may be entitled to claim damages or compensation from the landlord, or to seek other legal remedies against the landlord.
And the following points:
3.3 To comply with the requirements of section 11 of the Landlord and Tenant Act 1985 which imposes obligations on the landlord to repair the structure and exterior (including drains, gutters and external pipes) of the premises; to keep in repair and proper working order the installations in the premises for 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 water, gas or electricity); to keep in repair and proper working order the installations in the premises for space heating and heating water. In determining the standard of repair required by the landlord under this clause, regard shall be had to the age, character and prospective life of the premises and the locality in which it is situated.
3.5 To take reasonable steps to ensure that the landlord's domestic gas and electrical appliances and other similar mechanical appliances in the premises for which he is responsible are safe, in proper working order and in repair both at commencement of, and during the tenancy, as may be necessary from time to time in order to comply with the landlords obligations under the Gas Safety (Installation and Use) Regulations 1998, the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets etc., (Safety) Regulations 1994.
As you can see, you are required to ensure that the heating and hot water supply is in good working order at all times during our tenancy period. However, the heating and hot water systems have not worked properly during the entire period of our tenancy to date and for the past week they have not worked at all, rendering the property unfit for human habitation as detailed earlier. Furthermore, we understand that this situation may not be resolved for as much as another two weeks from now.
As you have not complied with your obligations as laid out in this legally binding agreement, we are entitled to claim damages or compensation from yourselves or to seek other legal remedies against yourselves.
We have tried to contact you on numerous occasions in order to try to resolve this situation but you have not been answering the telephone over the past few days. We learnt today (from your boiler repair man) that the reason for this is that you have gone on holiday. Not only did you not inform us that you were going away, you did not supply us with any emergency or alternative contact details for the time that you are away. Bearing this in mind, we feel that we have no alternative but to seek compensation from you as per the terms of our tenancy agreement.
We are mindful that as well as being tenants, we are also landlords for the property we own in Brighton and I can assure you that had a similar situation arisen at the property we are renting out we would have ensured that the matter was resolved immediately, even if this meant replacing the boiler.
Bearing this in mind and taking into account that we have not had sufficient heating or hot water for the past month and that the Environmental Health Officer has informed us that this property in its current condition would be classified as unfit for human habitation, as well as the effect this has had on our quality of life and our ability to earn money, we feel it is more than fair to expect to be reimbursed for a full month’s rent of £995 and at a calculated daily rate of £33.17 for every day we are without heating and hot water after the 12th February 2007. Furthermore, we enclose receipts for three electric heaters, totalling £46.98 that we have been forced to purchase due to the situation detailed above. We request compensation for these items and we will, of course, leave the heaters in the house when we vacate the property.
We do not want to have to make this a legal matter and we sincerely hope to resolve this matter both amicably and in a timely manner. We look forward to your response.
Yours Sincerely.
my partner and alisonf.
CC LETTING AGENT ONLY - (they only find properties not manage them)
I should also note that the environmental health officer is not willing to get involved as the landlord has had a plumber round and is deemed to be "responsible" landlord.
Meanwhile I am in the worrying position of have a temp fix on the boiler that could potentailly overheat and go bang and I am FREEZING! Even our cat is cold-poor thing!
I would appreciate any advice!
Alison