My sisters central heating has not worked since christmas day. She has a 3 year old son. Is it against the law if the landlord fails to provide heating in the house?
2006-12-31 02:59:07 · 15 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Yes, under section 11 of the Landlord and Tenant act 1987, the Landlord is responsible for maintaining the central heating and hot water, etc.
This must be fixed by the Landlord as soon as physically possible. If he does not, you are entitled to call a plumber out and withhold rent to the value of what the plumber costs.
2006-12-31 05:09:00 · answer #1 · answered by Lewiy 3 · 1⤊ 0⤋
The laws regarding that would be specific to location, no federal laws would be involved. It is usually against the law for the landlord to turn off the heat in an eviction situation.
Is the heater broken? If she tried to contact the landlord, and could not it is reasonable for her to call up the repair service and have him sent the bill.
In California a heat source most be provided. A fireplace is legally a heat source. As a landlord I should know what happens if someones heater breaks, but honestly I don't know. I doubt I am legally liable. However, the landlord is unlikely to want his tenent to suffer, regardless of age.
If she is worried about him not paying the bill have her go to Target or Home Depot and buy a space heater, you can get a pretty good one for under $50 that is very safe around a 3 year old.
2006-12-31 03:25:07 · answer #2 · answered by Landlord 7 · 3⤊ 0⤋
If your sister is living in the UK then there is no obligation in law for a rented property to be centrally heated. Under an assured shorthold tenancy the landlord does have a responsibility to repair or replace whatever form of heating is provided with the property, but he is allowed reasonable time to do this. Your sister may think the landlord has had more than enough time to organise this, but given the holiday period, this is not the case in law.
I managed property in London for many years and will be happy to give more detailed free advice if you or your sister emails me with further details.
2006-12-31 03:31:11 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Have you contacted the Landlord?
Did you keep a record of what was said and the date / time etc.
go to the Citizen Advice Bureau
But you do need to give the Landlord the chance to get something done. Between Christmas and New Year there may not be many places open that do repairs.
what other heating is available in the house.
Have you offered to help by letting them stay with you - if you have the space.
2006-12-31 03:12:23 · answer #4 · answered by Valerie C 2 · 0⤊ 0⤋
This depends on local regulations. Generally, a landlord is barred from shutting the heating off during the winter months. The heat may require that someone pay for fuel and that may be the tenant's responsibility. If there is a broken furnace, the landlord may be required to fix it or to have it repaired within a certain time frame. In most cases, a landlord is not required to purchase fuel unless it is stated in a lease or rental agreement.
2006-12-31 03:09:41 · answer #5 · answered by fangtaiyang 7 · 1⤊ 0⤋
The landlord is responsibile for any repairs to the house. This includes the heater. You need to check with your local courts though to find out exactly what your rights and remedies are. It is different in all states. Have you informed him that it is broken? If so he may still be trying to get a repair person out there. If you live in and area that is very cold, that may be hard right at the moment. Call him and find out.
Otherwise you need to call up and find out what rights you have. I have seen many tenants think that have rights that they do not. Your best source is your courthouse. They can tell you what you need to do and how. You do not want to put yourself in a bad situation because you did not follow the correct process.
2006-12-31 03:55:38 · answer #6 · answered by logan 5 · 0⤊ 0⤋
No they dont have to provide heat, they just have to get it fixed or arrange it to be fixed, if its not sorted by next week give citizens advice a ring! As its christmas/new year your sister will probably have to wait longer than normal!!
I've just had problems with my boiler(no hot water), rang the estate agent the firday before christmas, said they were going to speak to the landlord and get back to us. Never heard from them until i rang y/day and was told i would be getting my boiler fixed on the 10th!!!!
2006-12-31 03:18:34 · answer #7 · answered by Becci 4 · 0⤊ 0⤋
This depends on where you live. In most developed countries I'd say it is against the law. Of coarse if the land lord is working to fix the problem, there may be some room for no heat.
In the state of Michigan it is against the law.
2006-12-31 03:07:57 · answer #8 · answered by goose1077 4 · 0⤊ 0⤋
Don't think so but check out her landlords contractual obligations on her rental agreement. It could be that he simply cannot get anyone out to fix it but he certainly should be keeping her informed if that's the case. Contact Citizens Advice as she may be entitled to get a plumber out and bill her landlord for the work herself
2006-12-31 03:17:21 · answer #9 · answered by StephE 3 · 0⤊ 0⤋
Not always, but it could be against the lease. If he's supposed to provide heat, she should move out and then take him to small claims court for back rent.
In many cities it's a code violation and she could get some moral satisfaction from turning him in, though from what I have seen in my city, a slumlord will abandon a building rather than change their ways.
2006-12-31 03:07:10 · answer #10 · answered by Kacky 7 · 1⤊ 1⤋