Is full rent payable when the heating breaks down?

[sammy h]

Hi, I'm brand new to this so be gentle with me if it all goes horribly wrong!!!!

Basically the problem I have is that my partner and I are in a rented house (18 month old Wimpey property) and during December 2006 and January 2007 the heating broke down - we were absolutely freezing! We notified the landlord but it took over 2months to find a wire that had come loose and we had to do most of the leg work ourselves.
I can see under section 11 of the Tenancy agreement that a reasonable amount of time should be given to allow for repairs to be carried out, which is fine, but is full rent still payable in the circumstances i.e 2months during winter without heating?
Is there any way of claiming back part of the rent due to not having the full services being paid for?
The final straw was when an engineer was let into our house without us even being notified!!

Help!

[crazyworld]

Hi Sammy, I certainly sympathise with you, I had similar problems with heating for a shorter period of time (about 3 weeks on and off over one winter) at a previous property. I hope the answer to your question is yes. Have you tried contacting Shelter? they have a freephone number you can call for advice, you can find at
Shelter England: the housing and homelessness charity

There are also quite a few pages of advice there which might be useful to you.

They're very friendly, and easy to talk to.

Good luck to you anyway, it's a disgrace that you were left without heating during the winter months.

[Aequitas]

That answer to your question is that the full rent is payable. You are entitled to damages for breach of agreement, but frankly I would not recommend pursuing that course.

[longtalldee]

Hello Sammy and Forum,
I can certainly sympathise with your problem. My problem was alot worse in that I moved into my house at the beginning of this year. The very next day I set about cleaning the really dirty carpet in the lounge. After a day on my hands and knees scrubbing - it looked fab and I was so pleased!! So that it would dry quickly, I left the gas effect fire on full (this is the only form of heating in a very large open plan lounge). Later that evening large chunks of burning twigs ect.. started to fall down the chimney and out into the lounge onto the carpet I had just spent 14 hours cleaning. Anyway, that was the least of my worries...the house was catching fire!!! I ran to the garden, got the hose, switched it on full blast and tried to cool down the chimney, whilst at the same time calling the fire brigade!! When the fire brigade arrived they said that it was a good thing I acted quickly with the hose as not only could my house have burned down but also next door as smoke had billowed into their house through walls and nearly frightened them to death (they're very elderly). The fire brigade said that a large birds next has been lodged in the chimney over a long period of time and the fact that the chimney hadn't been swept for over a year was also confirmed by chimney sweep who arrived a few days after. The landlady insists it was cleaned 7 months previous, but according to fire brigade/chimney sweep, that amount of debris must have built up of a long period of time. Anyway, I'm rambling a bit, so to get to the point.....6 months after this happened, even after many reminders/requests from me we still don't have the fire replaced or any form of heating in the lounge. Although not a problem now, I've gone through the winter cold and miserable, with no deductions in rent or action on supplying heating. My landlady has recently given me notice to vacate, and I have notified her that I expect some kind of refund/compensation for lack of basic heating and services not supplied "within a reasonable time" as per our tenancy agreement.
This is only right isn't it?
I've had several problems whilst living in this house including the big three :- FIRE (as mentioned above), FLOOD (boiler broke leaking dirty water all over airing cupboard and clothes) and PLAGUE (bitten to death by fleas in above mentioned said carpet and still have scars to prove it!!)
Surely I have a right to seek compensation for all this?
I was going to let it all drop except that my Landlady has been a sneeky, money grabbing, cold & calculated, dishonourable witch over the past 4 weeks and I feel I can not walk away from this with my head held high unless I cause her as much aggravation as possible.

[crazyworld]

Blimey, sounds like a nightmare longtalldee.

I hope you can get this suituation resolved, unfortunately, i'm not an expert so can't give any advice, but the best of luck with it all.

[longtalldee]

Hello Crazyworld,
Yes, nightmare is right....but you know what, I'm a very easy going, laid back gal and can tolerate most things. The final straw came though last weekend, when she repeatedly called me all day Friday for my rent (it was only due on Friday and I've never been late) but was busy all day so not able to pay her in cash till late evening. It was all very odd as she had never prompted me for rent before.
All came clear on Sunday 10th though. She knocked on the door and handed me a letter post dated for Friday 7th giving me one months notice to quit. In other words get out by 7th July???????
What a muppet!!!!!
Needless to say (being a well educated lady) I knew straight away that the letter was not legal and that the earliest I'd have to be out was 7th September.
Anyway...MUG that I am, I called her to say that although I'd do my best to be out by that date it was going to be difficult to arrange in such a short period of time. Well; I recieved a load of abuse down the phone (her true colours!!) and a final word that I'd better be out by the 8th cause she having the Builders in. I've since found out from neighbours (they think I'm great as I saved their buildings from burning down!!!) that over the past month she's been seen sneaking around the back garden. Whether she's been in the house or not I can't prove, but either way she's known about wanting to move back for a while but wanted to get her sweaty hands on a final months rent and not lose out on a single penny before she gave me notice.
As, I said before, I'm normally really pleasant and co-operative but she's taking the micky and she will suffer. She strikes me as a very money orientated person so the best way I know how to get back at her is through her pocket. That's why I'm enquiring about compensation.
Sorry for ranting, it's just that I'm so fed up with people walking all over me...being nice, honest and honourable does just not pay these days!!!

[crazyworld]

Hi again Longtalldee, rant away, it seems to me that you deserve to do so.

I was like you for so many years, I was a quiet person who was so easy going and would tolerate most things, I never stood up and demanded what I was entitled to, very often at my own personal loss, however, more recently I decided that enough is enough.

These sweaty palmed landlords, and in the case of banks, fat cats who know they are breaking the law can get away with a hell of a lot more than we private citizens and consumers can get away with.

You're right that being nice doesn't pay, it's just such a shame though that it usually is the nicest people who are the victims of these leeches on society, and their experiences often lead to other problems (ie with their health and so on).

It's a disgrace that we have to fight for our rights, while landlords rights are seemingly an automatic entitlement which they can implement whenever they feel like.

I'm sorry for ranting as well, once again I wish you well. Keep your head up, don't let the b's grind you down.

[longtalldee]

Hello Crazyworld.....
Im called Longtalldee because before all this started I was 6ft tall.
Now (with all the ginding down by my Landlady and situation) I must be only 5ft!!!!!
Can I sue her for a whole new wardrobe due to change in height brought about by the grief she's caused me? )

[crazyworld]

Originally Posted by longtalldee

Hello Crazyworld.....
Im called Longtalldee because before all this started I was 6ft tall.
Now (with all the ginding down by my Landlady and situation) I must be only 5ft!!!!!
Can I sue her for a whole new wardrobe due to change in height brought about by the grief she's caused me? )

Very good, I needed that, thanks.