Private Landlord refusing to carry out boiler repairs

[Bev250264]

Hope this is in the right place. If not, Admin please move.

 

My son and his girlfriend moved into their first flat 4 months ago. They have been very happy there but now the weather is getting colder, they have tried to put the heating on and there's something wrong with the boiler. They have had various conversations with the Letting Agent who sent round their plumber last week who has condemned the boiler, saying it is beyond reasonable repair and requires replacing.

 

The Landlord is refusing to accept this and won't authorise the repairs. The letting agent say their hands are tied until they can get an agreement out of the Landlord. Meanwhile the flat is getting increasingly damp and is freezing cold. They have tried to get hold of the CAB and the local council but to no avail.

 

I've told them to continue to pay their rent but that I would see if I could get them any advice on what they can do.

 

Any ideas?

[AndyOrch]

Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy

[sgtbush]

They can stop paying rent as a flat without heating / and possibly hot water if its a combo is deemed uninhabitable. Just put the rent into an account where you dont spend it so you have it if the landlord tries to evict you. You can argue that point in the future. It takes 2 months of arrears I think before a landlord can start eviction proceedings

[Steve__M]

They have tried to get hold of the CAB and the local council but to no avail.

 

They need to try harder! The council should eventually send round an inspector however it will take time.

 

The landlord is allowed a "reasonable" time to resolve the issue. Definitions of "reasonable" appear to vary depending on who you ask.

 

In the meantime, write to the landlord/agent setting out details of the issue - dates of reporting issues, date of plumber visit, summary of communications.

 

If there are damp issues showing up then take photos that can be used in case tenant is later accused of causing mould.

 

If the agent or landlord contacts you, take notes of conversations and dates/times of contact.

 

Keep copies of communication. This is all useful if you end up in court or dispute resolution.

 

Potential partial remedies are to supply electric heaters. You can buy electric heaters for under £20. You could specify that you want recompense for them in your letter.

 

You could suggest compensation. I have no idea how much. I tried researching this recently as someone I knew was having a similar issue. I didn't find any guidance and it might depend on specific circumstances.

 

If they are on a 6 month contract maybe ask agent to be rehoused for zero or reduced admin costs. The agent may wish to avoid the aggravation that comes with resolving the issue between landlord and tenant. If the tenant moves out the landlord would have to fix the boiler.

 

Failing to pay rent will commonly lead to eviction. It may be a risk they are prepared to accept if they intend to move, but they might be sued and would have to counterclaim for the boiler issue to protect themselves.

[Bev250264]

Thanks for the reply. The landlord has agreed to replace the boiler but has now served them notice to quit. Their ST agreement ends on 14th December and she’s said she wants them out by the 21st. If they find somewhere else before then will they be liable for the rent up until the 21st? The fact that it’s a week before Xmas they really don’t want to wait that long.

[Steve__M]

If their AST ends on 14th December they are entitled to leave then.

 

Alternatively, the landlord cannot throw them out if they find they need to stay over Christmas and get a place in the new year. The landlord would have to serve further notice of an intention to evict them. A sensible landlord (?) would understand the situation and allow the tenant to leave in their own time assuming it's only a few more weeks and the tenant makes it clear they are actively looking to leave.

[disgruntled2007]

Thanks for the reply. The landlord has agreed to replace the boiler but has now served them notice to quit. Their ST agreement ends on 14th December and she’s said she wants them out by the 21st. If they find somewhere else before then will they be liable for the rent up until the 21st? The fact that it’s a week before Xmas they really don’t want to wait that long.

 

Does that mean the landlord is committing a revenge eviction? Would he have let them stay or extend their AST otherwise?

[Bev250264]

Thanks for the reply Steve

 

They ideally want to go sooner. She's still planning on replacing the boiler so they'll have all the hassle of the builders etc but then they'll have to move out and they don't see why they should have all the inconvenience if they're not going to get the benefit.

 

It's good to know she can't make them leave this side of Christmas but what you're saying is that they can't leave earlier than the 14th?

 

The letting agents have refunded her all her fees because of the communication problems with them over the boiler and they wondered if they'll be entitled to any kind of compensation. The letting agents have behaved really badly. There are some loose wires which they've repeatedly asked them about as they weren't sure what they were and their answer was 'stick your tongue on it and see if they're live!' that pretty much sums up their experience with them

[Bev250264]

We're not too sure. She's said she intends to move back in but who knows? All seems to be a bit fishy to me.

[Steve__M]

It's good to know she can't make them leave this side of Christmas but what you're saying is that they can't leave earlier than the 14th?

 

The normal legal position that applies to any tenancy is that you have to stay till the end of the fixed term.

 

If you leave earlier you are at risk of being sued for the remaining rent.

 

It is possible to negotiate an earlier exit.

 

It is difficult to find examples of compensation provided for lack of boiler (I tried a lot of googling on this recently). I would guess any amount would depend on whether you had hot water and alternative sources of heating, whether you have vulnerable people in the house with particular needs, and how much *unreasonable* delay the landlord caused to the heating being fixed.

[Bev250264]

Thanks Steve. I've done the same thing and can't find anything. Looks like she's not going to budge on the 14th either. They're going to get some legal advice today just so they know where they stand. It's just all the aggravation of having builders in to replace the boiler - taking time off work to let them in etc etc and for what? They'll not get the benefit from it and they've been complaining about it since they moved in in June.

 

It's such a shame. Their first home together and it's been ruined. The pitfalls of renting I suppose

[disgruntled2007]

Thanks Steve. I've done the same thing and can't find anything. Looks like she's not going to budge on the 14th either. They're going to get some legal advice today just so they know where they stand. It's just all the aggravation of having builders in to replace the boiler - taking time off work to let them in etc etc and for what? They'll not get the benefit from it and they've been complaining about it since they moved in in June.

 

It's such a shame. Their first home together and it's been ruined. The pitfalls of renting I suppose

 

They don’t have to take time off work to let the tradesmen in if the agent has a key.....

[Bev250264]

They don’t have to take time off work to let the tradesmen in if the agent has a key.....

 

No you're right but they've had such a bad experience that I don't know that they'd trust anyone to go in without them being there. I know it's a learning curve for them and they'll just have to swallow it and move on but as I said, it's a shame.

[disgruntled2007]

No you're right but they've had such a bad experience that I don't know that they'd trust anyone to go in without them being there. I know it's a learning curve for them and they'll just have to swallow it and move on but as I said, it's a shame.

 

Perhaps look at it this way. The landlord has now agreed to replace the boiler so at least the tenants will have heating and hot water for the rest of the tenancy.