No heating or hot water. How long do I have to put up with this?

[jimfishybob]

Hola all,

 

On Tuesday, just as I was putting my little boy to bed I noticed a smell of gas near our boiler. This also drew my attention that the CO detector alarm light was flashing, (no siren, just a blinking light).

I shut the gas off and rang the emergency number. Someone arrived about midnight, disconnected the boiler, (by cutting the pipes) and declared it unsafe.

The following morning I rang the landlord who arranged for a plumber to come out the following day, he also declared the boiler knackered and said it needed replacing, he also said it needed moving along with the water tank, (not sure why this was).

I have today chased up the landlord for any progress as we've been without heating and hot water for the last four days, (I'm, more concerned for my one year old). He told me that he couldn't give me a date as to when it would be replaced as it was too expensive to move everything and he wanted to know how much it would be just to replace the boiler. Consequently he was at the mercy of plumbers.

How long do I give him before I get upset?

If it's relevant we are currently on a rolling Assured Shorthold Tenancy, (I think anyway, the contract was never renewed when it was due in November)

Many thanks in advance

 

Jim

[MrShed]

I would have given him a maximum of 24 hours. The landlord needs to do everything possible, regardless of cost, to get the heating and hot water back on straight away. For my properties, if heating goes off, I give my CORGI engineers number to the tenant to arrange a time. The engineer has my full authority to do whatever it takes to get the heating back on ASAP, regardless of cost.

 

I would be telling the landlord you want it sorting within another 24 hours, otherwise you will be forced to get an engineer to perform the work and deduct the amount from the rent - but get a couple of quotes. I would also say that you will not be paying rent for the duration of the period without heating, as technically the property is legally uninhabitable, and as such it is legally dubious whether the landlord can charge you rent anyway.

[jimfishybob]

Thanks for the speedy reply.

 

Only problem with that is as we are on a rolling AST this could lead him to give me 2 months notice. I'm not particularly attatched to the house but have no desire to go through the hassle of moving either.

 

He was apparently told to replace this boiler over a year ago, (before we moved in), and chose to effect some kind of repair instead.

 

Maybe he's not as a nice a guy as I thought he was.

 

Any links to where I can read about his obligations?

[MrShed]

Well, unfortunately if you do not want to be evicted, any kind of action will probably lead to 2 months notice realistically. You need to decide which route you need to go down.

[jimfishybob]

Agreed.

 

Of course it begs the question, why would I want to stay anyway if they hold us in such scant regard.

 

Thanks.

[MrShed]

Very true bob

[Nightmare4banks]

Jim in reply to your posts and your problem in general:

 

1.As Mr.Shed has already told you this is a totally unacceptable state of affairs.

2.As long as you live in rented accommodation and your tenancy has expired - periodic shorthold you will have the 2 month notice kick in regardless so why worry about it?It is absolutely essential that the boiler is repaired.

3.In my view if this matter went to court you would get a diminition in rent given to you i.e.you would pay less rent/no rent for the period of time when your property had no hot water and heating taking into account you have a very young child - an issue which judges do not take lightly especially if the situation is not remedied promptly.

4.A couple years ago when I was renting out one of my properties and the boiler died completely I paid the tenant's gas bill for the period of hardship the tenant had endured.

This was the reasonably solution - it would have covered the tenant having to use washing facilities elsewhere and any extra heating bills.

5.Finally,if you have no joy I would suggest that you complain to the council - private tenants officer - this is free but to be fair on the landlord - I know this might seem odd me saying this mention the fact that the landlord (as you have mentioned) is totally reliant on the plumbers etc.

6.The council will be pleased about one thing that some landlords try to cut corners and botch things up by not paying for qualified trademen whereas your landlord has not so it seems.

 

Anyway,I hope you find this information useful.

 

If you have any more questions,just ask.