The boiler keeps switching itself off after a few hours which almost always means it stops working in the middle of the night and it's cold when I wake up. Tried to get the landlord to fix it but he couldn't and said that the £65 call out charge for repair would be taken out of my deposit if he had to get an engineer out. I'm reluctant to do this as I think it's his responsibility to pay for it.
Does anyone know where I stand?
2007-11-28 20:40:12 · 22 answers · asked by micktravis 1 in Business & Finance ➔ Renting & Real Estate
your landlord has no right to take your deposit to fix anything unless you move out and have broken something not sure where you live but you can call some places to see what your rights are i am giving you a link about tenants rights http://www.oag.state.ny.us/realestate/habitability.html
2007-11-28 20:47:23 · answer #1 · answered by ? 3 · 4⤊ 0⤋
Repairs and maintenance
Know your rights before your house starts falling down around you.
Who is responsible?
The landlord: is required by law to look after the structure of the building, including outside fittings (gutters) and essential services (heating appliances, sinks, baths, toilets and the water, gas and electricity supplies.) Providing your tenancy agreement is for less than seven years.
The landlord has a right of entry, after reasonable notice (generally 24 hours, except in an emergency), in order to meet this obligation. If they fail to stick to the law, having had the problem brought to their attention, and having been given a sufficient time to deal with it, you may be able to take them to court under the Small Claims Procedure, or get the repair done yourself, possibly deducting the cost from the rent.
The tenants: are responsible for repairing any damage they cause, but are not responsible for reasonable wear and tear.
2007-11-29 04:51:16 · answer #2 · answered by Leo 7 · 4⤊ 0⤋
If you are renting then he is responsible for any repairs that need to be done to things like boilers.
He needs to be careful as I believe that there is some sort of law which stipulates that he must ensure that a boiler is in good working order and serviced regularly. There's a health and safety issue there.
Best suggestion is contact the CAB, they will tell you your rights, and may even contact your landlord on your behalf.
Good luck.
2007-11-29 04:45:26 · answer #3 · answered by Anonymous · 4⤊ 0⤋
Your landlord is responsible for that...and not you...he has no right to take the call out charge from your deposit..that is appalling...under the Tenancy Law (?1996) I can't remember the exact year of the Act....but anyway it says that you have a right to basics such as hot water, running water, electricity etc....and your landlord has a duty of care to you under this Act...
The Govt has introduced legislation which took effect from April 2007 to get this kind of cowboy landlord out of the buy to let market...basically as of April this year he should have placed your deposit into the tenants deposit scheme regardless of how long you have lived there or how long he had that deposit and he should not have access to it... until you are moving out when it needs to be returned to you...
If you have not caused any damage to his property he is to return it in full without any deductions...if you have thats another story..he can not just go deducting money for boilers from this deposit...
Also just so you know if he has not placed your deposit in the scheme....he will be fined..a landlord I know well has recently been fined for not placing the tenants deposit into the scheme...the tenant was moving out and there was a after a dispute over the deposit ...the tenant rightly sought legal advice and the landlord has been handed 2 fines...
1.one years rent to be returned to the tenant ASAP and
2. £20000 for not following the Legislation...by putting the deposit in the scheme
She claimed she did not know but if anyone is wanting to get into this business they need to keep up to date with the law as with anything else ignorance is no excuse with the Law...
So if this cowboy is up to no good sort him out...
2007-11-29 10:13:41 · answer #4 · answered by Anonymous · 2⤊ 0⤋
You should have a contract, and on it it should say that the landlord is responsible for repairs to boilers etc.
Get your contract out and check it, then tell him that if he doesn't get it done you will get it done and take it out of his rent this month. Also threaten him with leagal action if you need to. He cannot take this out of your deposit, the deposit is for him to check you haven't caused and damage to the property etc when you leave, then he can take out any money for damage but otherwise he has to give it back.
2007-11-29 04:56:09 · answer #5 · answered by Anonymous · 2⤊ 0⤋
If you are renting from him,he is legally obligated to keep your place in a livable condition.Of course,he might pass the costs on to you;that's how slumlords are made.If he doesn't fix the heat,call the Dept. of Social Services;because he is putting your life at risk of freezing.If all else fails,move out.There are better landlords out there,and the loss of income will make him think twice.If your lease requires him to maintain the place,he is in breach of Contract and can be sued for not keeping up his end of the bargin.Many landlords will try to intimidate you,if they have to pay any money out,it's called GREED.
2007-11-29 04:58:08 · answer #6 · answered by gary s 6 · 3⤊ 0⤋
I would say that it is his responsibility since it is technically his house and if you didn't break the boiler then it is his job to maintain it. Just make sure that its nothing to do with the timer first, if he calls round a bloke and you get charged £65 just for him to set it to a different time he probably won't pay. Otherwise tell him he's full of it and get him to pay.
2007-11-29 04:44:35 · answer #7 · answered by scyther_maverick 4 · 2⤊ 0⤋
Well, here in the US, and in most states its the landlords job. Here in california, if something needs to be repaired, or replaced, and its vital to the livibility of the home, then you are allowed to do it yourself, pay for it, and take it out of your rent. Usually it can only be half of your rent, or no more then one months rent. And you can only do it once. Do you have anything like landlord tenant court there? I would look into that. You can take him their.
2007-11-29 04:44:07 · answer #8 · answered by evil_kandykid 5 · 1⤊ 0⤋
If you're paying rent, which obviously you are, then yes your landlord needs to have it fixed!
It IS his responsibility to pay for it, take it to a lawyer or something to see about your legal rights as your landlord is trying to rip you off! Don't let the scum do that to you.
2007-11-29 04:50:03 · answer #9 · answered by myleslr 5 · 4⤊ 0⤋
No, he can not take it out of your deposit. This is not considered damage you have done to the apartment. That is what the deposit is for, when you move to cover any damage you may have done to the place. This is regular maintaining repair and this is his responsibility to maintain his own building.
2007-11-29 04:45:58 · answer #10 · answered by Anonymous · 4⤊ 1⤋