NO HOT WATER FOR 1 WEEK- Am I entitled to a rent reduction?

[CuriousCat?]

I have an Assured Shorthold Tenancy and am nearing the end of my 2nd year.

 

Our hot water boiler has just been disconnected and deemed unsafe by the Letting agency's 'Mr. Fixit' man.

 

Now the whole thing must be replaced, including the heating system (although we have heating at present as there are currently 2 seperate boilers, and very un-economical ones at that!).

 

A big job.

 

He is away now until next week, meaning that the first chance he will have to start the work, once the agents have agreed it, will be next monday probably tuesday.

 

Who knows when it will be up and running.

 

This means a week at least with no hot water! Nightmare.

 

Legally am I entitled to a reduction or even a waiver of this weeks rent?

 

Please advise.

Much appreciated.

[MrShed]

I would suggest reading this thread(even though some questions remained unanswered):

 

http://www.consumeractiongroup.co.uk/forum/landlords-tenants/117266-boiler-problem-how-long.html

[CuriousCat?]

So no one really knows then?

[MrShed]

I think the best answer is that you are not entitled, as this is, according to Joa at least, what courts have decided in the past.

 

It is not that no-one knows - it is that everyone knows, but they all "know" different

 

My opinion differs from others on that discussion, but I stand by it, as I am sure all of them will also.

[Ed999]

Under Section 11 of the Landlord and Tenant Act 1985, which applies to Shorthold Tenancies , the following repairs are the landlord’s responsibility :

 

• To keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and sanitation (including basins, sinks, baths, and sanitary conveniences); and

 

• To keep in repair and proper working order the installations in the dwelling for space heating and heating water.

 

Whether or not the tenancy agreement addresses those matters, section 11 of the Landlord and Tenant Act 1985 imposes those obligations on the landlord. If the tenancy agreement requires the tenant to undertake any of those obligations, that provision of the agreement is void.

 

Disrepair falling within section 11 must be put right by the landlord within a reasonable time.

 

The rent would probably abate (i.e. would not be payable in respect of the period that the disrepair existed) if the property was not fit for habitation, as to which a written determination by the Council's Environmental Health department would be required.

 

If the repair is carried out within a reasonable time there is no breach of contract, in which case this is not a right to "damages" (i.e. compensation). Therefore no consequential loss could be recovered. But the rent for the time of the disrepair would not be due.

 

 

 

Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

[CuriousCat?]

Thank you ED999,

A very helpful reply.

Greatly appreciated.

Has anyone else had any experience of this sort?