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About Kingyy

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  1. Hello, Just an update and if anyone could give any advice it would be much appreciated I requested a subject access request from the letting agent and it shows the landlord admitting that he cannot afford the repairs and delaying the replacement of the boiler. Furthermore when I requested the landlords details the letting agent wrote to the landlord stating that they legally have to provide this information but they are trying to delay in order to avoid giving out the information It paints the picture of what I suspected which is the landlord and letting agent conspiring and avoiding resolving the issues that I had been having I am likely going to pursue a county court claim once my tenancy ends, however I'm not sure how I would go about calculating the level of compensation or "loss" I have occurred My electricity bill has been very high throughout as I have used electric heaters rather than gas, and I have suffered a lot of inconveniece through not being able to shower and going to family's houses or the gym when the boiler was not working at all. How can all this be quantified? Thanks for the help
  2. Thanks for the useful links. What would the consensus be on my options taking things further? 1. Wait until end of tenancy, then do subject access request and make representations against the Landlord 2. Write letter before action now asking for compensation for time, stress and inconvenience of having a defective boiler for 6 months? Thanks
  3. Hi Ericsbrother, I was under the impression that the subject access request would show that the LL and LA have been speaking and that the LL was aware of the problems and still chose to do nothing. As it concerns me, then it would be my data. Either way I have nothing to lose by applying for that data. Unfortunately I didn't realise that I was able to go to the council regarding these issues until fairly recently. It was British Gas who came out every time. The landlord had boiler cover in his name for the boiler. The boiler broke down initially and he sent a repair man around, and then he decided to put it under the British Gas repair scheme where you pay a subscription for a year and they will repair it and take it under contract. The engineers told me that a valve kept getting blocked and that because the boiler was >18 years old and there was no filter and sediment in the system, it was going to keep failing again and again- which it did every time. The letting agent just kept telling me that the landlord won't replace the boiler as it keeps successfully getting repaired, despite me telling them that British Gas are saying its an obsolete boiler and it needs to be replaced. Do you think its too late now to make a claim? I have British Gas slips which have written on them "boiler obsolete, recommend replacement" every time. Thanks
  4. As I have 6 years to make a claim would it be better to wait until the end of the tenancy to then start proceedings? I will not be renewing the tenancy and I was concerned there may be some retaliation or problems with my deposit if I made it clear that I was going to start proceedings against the Landlord. Also I have thought about making a subject access request to the letting agent so I can get copies of all the communication between the landlord and agent regarding myself and the property. Again I was going to do this at the end of the tenancy to gather evidence to support my claim. Is there any case law you are aware of regarding situations such as this?
  5. Thank you. Ive had a skim through this legislation before and it would seem that this is relevant to me: 11 Repairing obligations in short leases. (1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor— (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. Do you know how compensation is calculated or when it is due? Is it just down to the discretion of a judge? I thought it would be fair to ask for a 25% reduction in rent for all the months for which I was without continuous running water and the 8 days or so I have had to sit and wait for tradespeople to come and make repairs. I have documentary evidence from the gas company who was contracted to do repairs every time that the boiler needs repair due to obsolete parts.
  6. There is nothing I can find in the T&Cs which states that the letting agent is responsible for these issues. It all states "The Landlord"
  7. Well originally I wasn't really wanting to sue anyone, as I was able to manage by showering at the gym and the weather wasn't too cold. I have only wanted to take things further as I've had to use so much annual leave sitting in waiting for tradesmen and my family have been inconvenienced that if I am due compensation I would really want it. The letting agent and landlord have been equally incompetent. The letting agent have fobbed me off. I raised a complaint with how they were dealing with things and they haven't followed things up. They even illegally refused to provide the landlords details initially. Having been through the court process before I know how much of a drain it can have on a person so that's what I'm weary of. In your experience Andy what would you suggest? Is this something that would even be worth taking further? I wasn't aware I could pursue the letting agent. Is one preferable over the other? Thanks
  8. Hello Andy, thanks for replying so fast. I have found these relevant terms from the contract Statutory Repairing Obligations To comply with the obligations to repair the property as set out in sections 11 to 16 of the Landlord and Tenant Act. These sections impose on the landlord to repair and keep in good order: 1. Structure of the property and exterior 2. Certain installations for the supply of water, electricity and gas Other repairs 1. To keep in repair and proper working order all mechanical and electrical items belonging to the landlord and forming part of the fixture and fittings, unless the lack of repair is due to negligence or misuse of the tenant, his family or visitors. 2. To provide and maintain the Fixtures and Fittings in good repair and replace any of the items that may become defective due to fair wear and tear during the tenancy except if the damage has been caused by the Tenant, his family or visitors. 3. To maintain all gas and electrical appliances and central heating system (if any) and make good to replace any parts which become defective due to fair wear and tear (except for light bulbs and electrical fuses) and not caused by any negligence on the part of the Tenant or the Tenant's visitors and to have all boilers and any other appliance powered by solid fuel gas or oil serviced annually by a qualified contractor. Smoke and carbon monoxide alarms To confirm that as from 1st October 2015 the property complies with the Smoke and Carbon monoxide Alarm (England) Regulations 2015 and that the Landlord has installed a smoke alarm on every floor and carbon monoxide alarm in every room where a solid fuel appliance is present. The landlord hereby confirms these were checked at the start of every tenancy From reading through the tenancy agreement the landlord has breached all of these terms. 1. The boiler has not been repaird depsite multiple engineers stating it is obsolete and beyond repair 2. No working carbon monoxide detector
  9. Hello Andy, thanks for replying so fast. I have found these relevant terms from the contract Statutory Repairing Obligations To comply with the obligations to repair the property as set out in sections 11 to 16 of the Landlord and Tenant Act
  10. Hello, I would appreciate your wisdom and advice. I moved into a property in August last year in which I have had a number of issues. The main one has been the boiler which did not produce continuous hot water. This has been repaired 4 times over the course of 6 months and the issue has come back every time within weeks. The landlord obtained a boiler contract with a gas company who advised every time that the boiler was obsolete and should be replaced, however this advice was never taken The property is rented through a letting agent who have just dragged their heels and told me they could do nothing to force the landlord to replace. I therefore threatened legal action and requested the landlords details as this was initially withheld from me a number of weeks ago. This has resulted in the landlord agreeing to now replace the boiler. I have had multiple gas engineers to the property for which I have had to take time off work or ask family members to be present. I have also had to he present for multiple quotes to he obtained for a new boiler to be installed. I wrote to the agent stating I found it unacceptable that after all that has happened I should be expected to now allow the landlord to obtain the best price for a boiler at my inconvenience whole I'm still without water. I have read various websites and believe that it may be possible to obtain compensation for inconvenience. I have had to shower at the gym or family members houses for 6 months on and off due to this problem and I have wasted so many hours having to sit in waiting for tradesmen. Based on the landlords previous behaviour I don't think he will willingly offer any sort of inconvenience unless obliged by a court. I have had some experience of court previously so if the compensation I could claim were high enough I would be happy to go to court. Thanks for your advice
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