Tenants rights-living without hot water and heating?

Question

I moved into private rented accommodation a couple of weeks ago and from the outset the heating and hot water (combi boiler) has not worked properly. The plumber has visited numerous times and I've had to take time off work to be in and my boyfriend has often had to remain in for him coming. At most the heating's worked for 24 hours a time but then goes off again. It's looking as though it is now fixed, as of yesterday.

Also, the property has been recently refurbished but the backyard is not complete (it's open and like a building site), approx 3 weeks ago before we moved in we were told it would be completed within a few weeks, I have since been told today that due to delays on another job it will be the new year before it is started. As well as being difficult to access for bins etc it is also unsafe as there is a low level window which anyone could easily gain access to.

I feel that for the last couple of weeks we have been living in a house which is inhabitable as it's had no heating and no hot water. Can we therefore ask for some form of compensation?

Thanks in advance

Answer 1

Its quite a grey area. If the landlord was not seen to be doing something about it, then yes you would be entitled to compensation as you, as a UK tenant, are entitled to human basic needs such as water, heating and home security. You could also argue that they did not make it clear that the house appliances were faulty and thus the landlord was misleading you and are therefore in breach of contract. However, if the landlord is shown to be at least trying to rectify the matter and claimed to have not known about the problem previously, then you might find it difficult to claim any compensation from a court. However, it may be worth having a chat to your landlord to see if you can come to some arrangement such as a reduction of rent while the problems are being fixed. Remind him/her that at the current state, the property is worth a lot less than the standard rental rate and thus you should be charged accordingly. In any case, contact the citizens advice bureau.

Answer 2

The Landlord is responsible by law to ensure that hot water and heating is working correctly under section 11 of the Landlord and Tenant Act 1987.

Your ultimate goal is to take your Landlord to court to claim compensation for the weeks which you believe to be uninhabitable. However, this costs money, so the best option is to withold the amount of rent for the period of uninhabitability. Your Landlord then has two options, 1. Live with it and accept that he owes you it or 2. take you to court for unpaid rent.

Option 1 is obviously ideal for you. Option 2 will cost him money (probably more than he will get out of it if he wins the case) so chances are he won't do anything. Don't forget that by law you have 6 months secured tenure so you cannot be evicted until after the first 6 months of the tenancy so you have plenty of time on your side.

If the landlord does take you to court, just file a defence that the property was uninhabitable and watch him try to prove it wasn't!!! Not easy!

Good luck

Answer 3

Did you have a separate carbon monoxide test carried out? This is quite separate from the emergency Free phone Gas telephone number (The National Grid, that people phone for an emergency Gas Leak.
At least you are still alive, which is more than can be said of other victims of unscrupulous, landlords, whose only real intent is too do as little as they can get away with, and charge excessive rent.
As you are in rented accomodation you should contact your Health and Safety inspector. Let them investigate.
If their finding is that the accomodation is inhabitable, then your landlord has to pay for alternative accomodation, until the repairs are carried out. Your landlord could be fined. but, i doubt will renew your tenancy, when it is due. The other problem(Too late for me) that i found when my dad was alive) is that once you complain, word gets about among estate/letting Agents that you are a trouble maker, and no letting agent will touch you with a barge pole.They 'offer (As happened to me) inhabitable accomodation in the first place. knowing you will not accept
There is no law, no redress or protection, before you move in. It is dispictable. I believe noone should have to play russian roulette with their life, when moving into rented accomodation. Yet people including young students are most at risk, because most are unaware, that dangerous accomodation can be on the market for rent. I believe it is because there is no law in place before the person moves in.
What you should have done was to get an independent electrician, and corgi registered engineer to inspect the property gas and electrics and write a report, that you can produce for the council and your local county court. You would then be able to claim back rent.
Please contact your m.p. and complain about how you have been treated. He/she probably wont do anything. but they are the people that should be doing something about this situation.
Wishing you merry festivities, and a 'healthy' happy new year to one and all

Answer 4

Yep, there are some crap landlords but there are also crap tenants from hell.
You need to tread carefully as you appear to be heading for a confrontation with your landlord who from what you say does appear to be genuinely trying to fix the problem - every time a plumber is called out he has to pay him.
You may well be entitled to compensation but you need to be aware that your tenancy agreement may not be renewed as a result.
I used to rent a property and found that tenants who start off by complaining and trying to get reductions in rent tend to be the ones who are often late paying or piss off without paying the last months rent, ask for this and that etc.. Better to get rid of them sooner rather than later.

Answer 5

This Site Might Help You.

RE:
Tenants rights-living without hot water and heating?
I moved into private rented accommodation a couple of weeks ago and from the outset the heating and hot water (combi boiler) has not worked properly. The plumber has visited numerous times and I've had to take time off work to be in and my boyfriend has often had to remain in for him coming. ...

Answer 6

What an unbelievably sh*t landlord you have! He/she is breaking their tenancy agreement, which you should have a signed copy of, as heat and hot water are basic human rights.

Annoying as it is, unfortunately you can't stop paying your rent because then you will also be breaking the agreement, and you need to keep the upper hand. If you are currently in touch with your landlord by phone... stop! Make all contact in writing (preferably recorded mail), and keep a copy of every letter you send - if this goes further then you will need all evidence of contact and complaints that you made.

If you rent through an agency then make them aware of the problems, as they will also put pressure onto the landlord to repair everything and will remind him/her of their legal obligations.

And last but not least - contact the Citizen's Advice Bureau asap! I rent a house out myself, and it's people like your landlord who give us a bad name.

Good luck with it.

Answer 7

i would see the cab asap as you are obviously living in a property that is below standard.
i am not sure of the rules now but when i worked in property management (a good few years ago) you had the right to withhold rent if you had no heating or hot water for more than 28 days consecutively as for the backyard i suggest one of you ''falls'' and sprains an ankle or something this should get the landlord moving pretty sharpish if you threaten to sue if the matter is not rectified make sure you make copy's of every correspondence and put all receipts for rent in a safe place you might need them put all you're complaints to the landlord in writing and make sure he acknowledges them you may have to play dirty prepare for a battle as landlords are notorious for fighting dirty

Answer 8

Definately, they should have had checks and certificates given to you before you moved in. I'm a landlord myself and wouldn't dream of letting anywhere so sub standard. Your landlord is not fulfilling his tenancy agreement, I hope you signed one?? Ring Environmantal health and ask them to come out and assess the property and also your local council who will put you on to a "Fair Rent Assessment", but they will probably class the property as uninhabitable in the condition it is in, This could be dodgy if you are renting from friends by the way. x

Answer 9

yes u are entitled to some compensation
ask citizens advice bureau if u are in the UK