fauly boiler - can I arrange someone to fix?

[boloney]

hi. My boiler does`t work, my landlady is abroad, was trying to call her but no ones pick-up the phone. She used to have homecare for it with British Gas but it was canceled, so there is no cover I know about. Can I arrange British Gas to came and fix it and then pass the bill to her, I mean I would like to pay her less in rent and give her receipt for work done. Where do I stand, can I do it?

Because is winter and I live with two kids under 3-years I must have heating and hot water ASAP. I don`t want to start war with her just about silly think like this.

Thanks

Edited January 7, 2013 by boloney

[LaughingGirl]

I'd advise extreme caution here, but that's because I've been stung on this exact issue myself.

 

How long is she likely to be away for?

[boloney]

She lives in New Zealand now as far as we know last time we have seen her that was at least 12- months ago. called her UK number, strait to voice mail, NZ number is ringing but no answer on the other side. I can`t be waiting for her to replay to my email. hmm so should I cancel British Gas engineer ?

Edited January 7, 2013 by boloney

[LaughingGirl]

So your landlord has moved to NZ, but not confirmed that with you, and left nobody in charge of the house? That's an interesting choice to make on her part...

 

Hmm. The first thing that I would say is that I wouldn't ever encourage anyone to with hold all or part of their rent without the prior consent of their landlord, and even with consent, only if they got it in writing.

 

I'd honestly hang on to see if you hear from her in the next 24 hours...the worst case scenario is that she does have some type of cover for the boiler, and you get in your own engineer and cause unnecessary expense. I would also drop her a line asking her for clarification on what she wants you to do if the house needs urgent repairs in the future, because I think you're in a very dodgy position if she's definitely moved overseas. Do you have an up to date gas safety certificate?

[Keyzer Soze]

If you ring the council, they can require her to sort it out or do the job in default.

[boloney]

well she told us that she is going abroad, then I had phone call from her (she used NZ number that I have, I think I called on that number at least once before), we never asked her where she is and what she is doing (not a lot to do with us), so not sure where she is now, more likely she is abroad otherwise she will pop in to see how the flat looks like. Well there is no one in charge of flat, she ask us to pay the rent into her dad account. So am I not covered in any way in situation like this? even if she have cover did`t she should let us now about it like she did in the first place when we moved in?how long is gas certificate valid for, is it 12-months? if that the case my one is no valid no more.

[boloney]

well it`s not that she don`t wanna do it, I just can get in touch with her right now. I`m sure she will do something about it, I don`t wanna start unnecessary war with her.

[LaughingGirl]

Gas safety checks are only valid for one year, yes...that's something that you need to address with her.

 

This is really your call at the end of the day. If you think that there's a reasonable chance that you'll be able to reclaim the money you spend from her, then go ahead and get it fixed. As Keyser says, the other alternative is to call the council and ask their advice.

[mariner51]

Your ASTshould provide a UK address for service of Notices, so write to that address, explain your concerns & proposed solution (payment by you and equiv deduction from future rent). Allow 14 days for response, then proceed with rectification. For c/h repair obtain 3 estimates and proceed with most cost effective. Engage GasSafe engineer for GSC when required.. Provide LL with paid receipts and LL GSC paperwork in support of your rent deductions when applied.

[boloney]

thanks for advice, there is an address on my AST. I think that`s my landlady`s friend address. Do you think if I notify her by e-mail will that be good enough? she used that way to notify me about rent increase few moths ago. I will push on her about GSC ASAP. Thanks

also how do I know what she done with my deposit?

[mariner51]

Forget raising the deposit with her until end of T, your target is boiler repairs & GSC.

 

Write First Class to UK adddress provided and obtain free Cert of Posting from counter, even if it is a copy of your email.

[boloney]

had the phone call from council and they said they will try get in touch with my landlady. hope she don`t get big trouble for it. engineers will be in tomorrow so should get it fix. should I get them to do gas safety check without her permission? or they will do it anyway?

thanks for your help

[Keyzer Soze]

The gas engineer will have to leave the appliance safe and you're already getting it fixed without her permission, so I would say go for it and get the CP12. Also, if the boiler is repaired, there'll be nothing for the council to act on, although they may have a word to remind her of her duty to manage the property.

[raydetinu]

you will have to pay for gas safety check, but IMO dont do that yet, just get boiler fixed. GSC is LL problem providing engineer does not spot something.

Make sure he is registered, lots of cowboys out there. If you have an email contact then use that, they can easily forward that.

As for deposit you should have details of where it has been placed, if not, that is illegal. Do you know if it is protected?

Rent increase by email is also not legal, inless you accepted it, should have been done as a S13 notice, and can only be done after 12 months min. and usually with a new contract.

[boloney]

came today and had no parts with him, so will be back again tomorrow.

what`s the CP12?

he must be registered, I got him from British Gas.

She never told us what has been done with deposit, I have no idea if she kept it, spend it or placed it somewhere.

With the rent increase it was that we ask her in email if she can take some of her furniture so we can buy new one, she said that we can sell it, give it to charity or to someone. so some of it we gave to our friend, some skip and some it`s with us. (hope we don`t get in trouble for that, we sked her in email and kept it).and she said that she would like to increase rent, so we did agree to it as well. we been in this place nearly three years and that was first increase so not too bad.

[raydetinu]

as long as you agreed to the increase and have been paying it, no problem.

I pressume you had an AST, which has now become periodic; i.e. month to month.

Your deposit must be protected by law and she must notify you where it is, however if you are not about to move dont worry about it at the moment.

As long as you have a record about the furniture issue that should be ok.

[Keyzer Soze]

CP12 is the form the gas engineer fills in to document the safety check.

[boloney]

thats what she said about furniture:

`About the furniture - I have a lot of furniture already so if you dont have room for what I left in the flat, I'm happy if you want to sell it on my behalf, and you can keep the money for doing so

If you dont want to do that then please let me know and I'll arrange for a charity to come and collect it to sell in their shop.

I would like to keep the wardrobe in the bedroom though - do you think that is ok to stay?`

so we kept wardrobe.

hope thats enough for as, I don`t get charged for it at the end of tenancy.

yes, we had AST which run out in april 2011, since then we on rolling contract.

if anything does she still have to give us 2 months notice?

thanks for info about CP12.

[LaughingGirl]

I'd say it's pretty clear she's agreed to let you get rid of the furniture, so I wouldn't worry too much about that.

[raydetinu]

yep sounds as if you have nothing to worry about.

yes she has to give two clear months notice via a S21 notice if she wants repossession, but if all going well and rent paid, I think you are safe for the forseeable future.

[boloney]

job done, boiler is working so far just checked my credit card and there was no charge on it yet, does anyone know when they will charge me? also they did`t leave any receipt, my wife was told that they will send it by post - is that right?

we keep all payment before they due so she can`t complain about that, so far she was happy with us, that was in email from her as well.

how should I process with money recovery now? wait for charge and receipt and send her an email with scan of it? or should I photocopy it and send it to the address on the contract(she does`t live at that address that for sure, its only around the corner from where we live - I think that maybe her friend address, she mentioned that she is got friend around the corner when me moved in).

[raydetinu]

can take up to a few days to appear.

once you have receipts, scan and email on and ask for payment by return, cheque or pay direct into your account.

[mariner51]

"..we keep all payment before they due so she can`t complain about that,"

 

Please explain that comment? Do you mean you mean you have already witheld some rent on due date?

Is GSC still outstanding?

[boloney]

"..we keep all payment before they due so she can`t complain about that,"

 

Please explain that comment? Do you mean you mean you have already witheld some rent on due date?

Is GSC still outstanding?

I mean we pay rent on time, even before it is due. We don't own her any money. Right now she own us money. GSC is still out of date. They gave us only homecare checklist. Says on it what has been done. Does' t look like old GSC.

[mariner51]

LL GSC is seperate to any appliance maintainance. When did/does last GSC expire? (12 months after date of last inspection, noted on GSC)

 

Send LL copy of receipted repair VAT invoice when received and deduct amount from next rent due. Same with GSC if you proceed. Include LLs orig copy of GSC. Do not get new GSC Cert dated before last one expires.