Member Since: 09 Dec 2005
Location: Leafy Cheshire
Posts: 7627
My heating has broken down twice in the past 12 months, and the quickest I could get it fixed was along the same timescales as the OP’s. Should I ask a solicitor to send a letter to me?
As for the Brexit thread, perhaps you could point me to any post I have made that is moronic. I don’t go around calling people morons just because they have a different opinion on a political matter.
Is al cope a moron too because he wasn’t able to magic up an instant fix when he found himself in the landlord’s position? An ex-Disco3 / FFRR owner ......
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15th Dec 2020 10:24 pm
Russell
Member Since: 23 Aug 2007
Location: Kent
Posts: 10564
Been on both sides and seen the issues from both.
We let a property but before the tenants went in there we put in a new boiler, 2 months later it packed up and was under a warranty with WB, they arranged to go to the property two days later to fix it as the tenant had a baby. In the mean time we asked legal advice as to what we had to do and was told the following by two different sources.
Arrange for the boiler to be repaired at our cost ASAP, supply a couple of electric radiators to keep tenants warm and offer a reduction in rent for the issue.
Again both sources told us that as long as we had done all of that we were not liable for anything else and providing the repairs were carried out in a reasonable time we were not liable for moving the tenants into a hotel, if they wanted to do that it was at their cost and they would also still be liable for the reduced rent. We did look after them and did ensure they had a rent reduction and the boiler was fixed in two days.
We were then caught in the same situation when my daughter living in rented accommodation had the same issues, the landlord and letting agent were very very slow to react and they were without heating or hot water for nearly two weeks. We sought legal advise and was given basically the same advise as above. We didn't get a reduction in the bill and no heaters were supplied. I did however after lots of aggro and going direct to the director of the lettings company get some compensation for the girls, not a lot thoughMY17 D5 1st Edition Namib Orange
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My heating has broken down twice in the past 12 months, and the quickest I could get it fixed was along the same timescales as the OP’s. Should I ask a solicitor to send a letter to me?
It depends entirely on the contractual position.
I have a maintenance contract which provides for a 5 working hour response, 7 days a week.
I also have back-up, more expensive, forms of getting hot water & heating the house. If I have to use them, because the maintenance contract is breached by the contractor, I am recompensed for having to use them & for the inconvenience.
If you choose not to have a contract then your position is entirely different.
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16th Dec 2020 8:01 am
nigethecat
Member Since: 11 Sep 2016
Location: Marnoch
Posts: 4244
Paul.J
I think you are confusing the legal position regarding renting a property (and paying more than a mortgage would cost) with someone that owns their own home.. If you own your own place then it is your call as to what provisions you have in place for boiler cover and the only obligation you have is to yourself and your family..
Renting however is a contract to provide a service, (which includes maintaining the boiler and fixing the boiler) and therefore the tenant has no control over who the engineer is or what service is provided (in this case I was EXPRESSLY forbidden by the managing agent to bring my own gas engineer in who could have resolved the issue in 10 minutes). BY refusing to allow the problem to be fixed in a reasonable timescale the agents (and therefore the landlords) are in breach of contract.
Add further to this that any reasonable managing agent would have access to more than one gas engineer and therefore by refusing to allow any other engineer (from another local firm) to attend to resolve the issue they are again in breach of contract.I want to see the sweets before I get into your windowless van... I'm not stupid!
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16th Dec 2020 8:27 am
al cope
Member Since: 08 Nov 2005
Location: Oldbury, WM
Posts: 10354
@ Nigel - check what your tenancy agreement says on this point:
Renting however is a contract to provide a service, (which includes maintaining the boiler and fixing the boiler)
Because our tenancy agreement states clearly that the TENANT is responsible for the maintenace of all electrical and mechanical devices in the property. I however do hold a maintenace agreement for the Boiler/cooker and C/Heating, and have it serviced along with providing the annual Gas safety Cert, as I deemed that was what a good landlord would do.
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16th Dec 2020 8:44 am
nigethecat
Member Since: 11 Sep 2016
Location: Marnoch
Posts: 4244
Al,
In my agreement it is "the landlord who is responsible for fixed items" and it specifically includes the boiler and gas hob... (in some places the landlords don't provide a hob or cooker so that becomes the tenants responsibility).
In my case the managing agent expressly prohibited me from fixing ANYTHING in the property as they get paid kickbacks from local trades people who do the works... the only thing I'm allowed to change are light bulbs (but even that is now thrown into doubt ).
Extract from the managing agents below:
"I am confirming that you do not have authorisation to carry out any works at the property."[/u]I want to see the sweets before I get into your windowless van... I'm not stupid!
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16th Dec 2020 9:11 am
Paul J.
Member Since: 09 Dec 2005
Location: Leafy Cheshire
Posts: 7627
nigethecat wrote:
Paul.J
I think you are confusing the legal position regarding renting a property (and paying more than a mortgage would cost) with someone that owns their own home.. If you own your own place then it is your call as to what provisions you have in place for boiler cover and the only obligation you have is to yourself and your family..
Renting however is a contract to provide a service, (which includes maintaining the boiler and fixing the boiler) and therefore the tenant has no control over who the engineer is or what service is provided (in this case I was EXPRESSLY forbidden by the managing agent to bring my own gas engineer in who could have resolved the issue in 10 minutes). BY refusing to allow the problem to be fixed in a reasonable timescale the agents (and therefore the landlords) are in breach of contract.
Add further to this that any reasonable managing agent would have access to more than one gas engineer and therefore by refusing to allow any other engineer (from another local firm) to attend to resolve the issue they are again in breach of contract.
Is there a service level agreement in the contract to cover such matters? If not, then the landlord only has to make reasonable endeavours to resolve the matter promptly. I understand your frustration in not being able to arrange the repair yourself, but looking as a neutral observer, I see it as a situation that was resolved within a reasonable timescale. Yes, it's annoying to be without hot water, and having to reply on a kettle to wash etc. I also think that it would have been reasonable for the landlord to provide some portable space heaters (as per Russell's experience). I do, however, remain surprised that you felt the justification to send solicitors letters. What if the landlord decides that they have a 'problem tenant' off the back of this experience, and decline to renew your tenancy? Who wins then?An ex-Disco3 / FFRR owner ......
..... now on the JLR electric highway.
16th Dec 2020 9:11 am
nigethecat
Member Since: 11 Sep 2016
Location: Marnoch
Posts: 4244
I don't want to renew the tenancy agreement... I actually want out sooner if I can... they've been a crappy landlord/managing agent from the word go so no loss there..
Place not cleaned when I moved in (umpteen viewings and not required to wear masks or sanitise hands)
No water available due to leaks (fixed by me)
Blocked toilet (fixed by me)
Broken shower
Boiler not working properly
broken window locks (fixed by me)
Damaged broken plug sockets (fixed by me)
No Gas Safety Certificate for four months
Warped and damaged flooring (still not fixed)
This list is from DAY 1!!!
The list goes on... created by an argument between the manging agents and the landlords,
I'm sure you are a far better landlord than this (no argument there) but there are some crappy agents/landlords out there...I want to see the sweets before I get into your windowless van... I'm not stupid!
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16th Dec 2020 9:24 am
Paul J.
Member Since: 09 Dec 2005
Location: Leafy Cheshire
Posts: 7627
An ex-Disco3 / FFRR owner ......
..... now on the JLR electric highway.
16th Dec 2020 11:58 am
recordman
Member Since: 24 Apr 2017
Location: Kent
Posts: 6
@nigethecat
Given the disgraceful behaviour of both your landlord and letting agent (particularly the absence of a Gas Safe certificate), has your deposit been protected legally?
Also, I believe that if your tenancy commenced after June 1, 2020 an Electrical Inspection Condition Report is required by law.Visitor from FFRR
16th Dec 2020 3:59 pm
mark the spark
Member Since: 22 Jun 2011
Location: southampton
Posts: 2521
Im with paul on this one boiler fails on tuesday and its fixed on friday . some people want the earth happens move on.. How quick to respond was that solicitor ? better get suing him as well.MY05 SE D3 Manual my first LR what a car
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17th Dec 2020 12:38 pm
DSL Keeper of the wheelie bin
Member Since: 11 May 2006
Location: Off again! :-)
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).
happens move on.. How quick to respond was that solicitor ? better get suing him as well.
