Private Landlord says I must wait for grant to get hot water!

Private Landlord says I must wait for grant to get hot water!

7:54 AM, 3rd March 2017, About 4 years ago 45

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I am looking for advice regarding an issue I am having with Private Landlord. I am a lone Parent in a Private Rented Property. I have a Short Assured Tenancy which has been a rolling contract as I have stayed many years at the property.hot tap

My Boiler stopped working properly a fortnight ago, and although I still have heating, I’ve no hot water. My Landlord instructed me to get a Heating Engineer out which I did and paid for myself. I was told the problem cannot be fixed and I need a new boiler. Having told my Landlord the outcome, he said I must wait till he applies for a Grant through the Energy Savings Trust.

I find this completely unacceptable as it is going to leave me without hot water for weeks on end, and even then there is no guarantee he will get the grant. I have been in touch with my Local Council who are looking into it, but they stressed they cannot enforce measures right away.

Meanwhile my Landlord wants access to allow his own Heating Engineer to write up a Green Energy Report, which I am presuming is part of the process to obtain this grant. I feel by allowing him access I’ m somewhat being forced into agreeing that I will be without hot water for a considerable time.

Can you please advise on what I should do? Do I have to give him access for this? Can he legally force me to wait several weeks under the guise that he is ‘fixing’ the issue? Thank you.

Janet



Comments

by Michael Barnes

10:07 AM, 9th March 2017, About 4 years ago

Reply to the comment left by "Mandy Thomson" at "08/03/2017 - 07:19":

Mandy,

Please advise where it is required that these documents be served.

The Assured Shorthold Tenancy Notices and Prescribed
Requirements (England) Regulations 2015
requires only that they be provided.
Section 3 gives the requirements for providing the information.
Section 3(3)(b) allows the information to be provided by email, if the tenant has previously agreed.

by Rob Crawford

14:22 PM, 9th March 2017, About 4 years ago

Reply to the comment left by "Mike " at "08/03/2017 - 12:30":

Actually Mike. No. I am asking if the tenant has been in receipt of a Gas Safety Cert for her existing boiler. This is an annual reqt.

by Mike

15:09 PM, 9th March 2017, About 4 years ago

Sorry Rob, my apologies, I realised only after you posted your reply to Janet. It was indeed a question to Janet, but I wrongly assumed you wanted to know about the issuing of landlords safety record.
mike

by H B

23:43 PM, 9th March 2017, About 4 years ago

It is the landlord's responsibility to ensure that you have hot water. He is clearly a selfish individual.
I would inform him that unless you have hot water ASAP you will deduct 100% of the rent so that you can seek temporary accommodation elsewhere.

I also suggest that you inform him that you want half rent for the period that you have been living without hot water to-date.

by terry sullivan

11:30 AM, 10th March 2017, About 4 years ago

LL is in breach--he is behaving appallingly and stupidly

by Ian Narbeth

15:50 PM, 10th March 2017, About 4 years ago

Reply to the comment left by "Graham Bowcock" at "03/03/2017 - 10:11":

Sorry I have come to this thread late but there are hard and fast rules. Under s11 Housing Act 1985 there is implied in the lease a covenant by the Landlord:

"(b) to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and

(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water."

Your landlord is in breach of the lease even if there is no clause in there about repairing the heating. He cannot contract out of s11. I suggest you go to the CAB and ask them to help.

by Gary Dully

11:09 AM, 12th March 2017, About 4 years ago

Inform the council you have no gas safety certificate, epc certificate, deposit protection certification, hot water and cooperation from your landlord, who has made you pay for his heating engineer from your very low wages.

Tell your landlord he will be getting an early birthday present from a few of your friends from the council.

Tell them both that you have been on the landlords union forum and all the landlords are telling you that you have a criminal landlord.

Then see how long it takes for them to take action.

Your landlord is not a rogue landlord, he is a criminal landlord since your gas safety certificate expired.

by Mandy Thomson

17:09 PM, 12th March 2017, About 4 years ago

Reply to the comment left by "Michael Barnes" at "09/03/2017 - 10:07":

Hi Michael

A tenant can defend an eviction on the grounds they didn't receive the EPC, latest gas safety certificate and "How to Rent" - in fact on Shelter's website it advises tenants that if "How to Rent" was served electronically, but the tenant didn't give permission first, then this is a good defence. Landlord's therefore require proof that their tenant received these.

by Michael Barnes

22:21 PM, 12th March 2017, About 4 years ago

Reply to the comment left by "Gary Dully" at "12/03/2017 - 11:09":

If there has been no tenancy renewal since the Deposit Protection legislation came in, then there is no requirement to protect the deposit.

by Janet Carter

22:23 PM, 15th March 2017, About 4 years ago

Hi All.

Many thanks to everyone that has taken the time to reply. I really do appreciate it, it's just that I am still getting absolutely nowhere with this...

An Update! After the 'drive by' EPC conducted by my Landlord's Heating Engineer a week last Tuesday I phoned and asked if he did not need access to do this. He said no, he had finished it. I took him at his word and expected the thing to be sent off. But I receive a call from my Landlord yesterday saying he is shocked that I haven't given HE access to do the report!!! And that I must phone him or they won't be able to do the work. I am beyond livid. This Heating Engineer has mucked me about from day one, and then goes and tells my Landlord a pack of lies. He has made absolutely no attempt to get here. He failed to turn up a week last Saturday as arranged, and after two further attempts to contact him, he phones back requesting I send pictures of building to him! So, I text my Landlord saying I am done phoning Heating Engineer, that I am off work tomorrow and he can damn well phone him. So now, he's apparently coming tomorrow...

The only thing I have managed to find out from this Heating Engineer, is that my Landlord is now applying for a loan with 25% cashback from the Energy Savings Trust. That's 4 weeks on Sunday with no hot water.

As for the so called 'help' out there.. Well, I actually got in touch with the Council three weeks ago. A Housing Officer came out and assessed my situation, with a view to writing up a report, and passing on to Landlord. As I had heard nothing for nearly a fortnight I phoned up last week only to be told she is off sick. No one else can deal with it because they don't have the case notes!!! Having phoned CAB, their 'advice' was to get in touch with Shelter.org which I did, and found the Advisors comments astonishing. She said "It's not like he's saying he's not going to do it, is it? And afterall, when you turn round and say you've no hot water, he will just say "You've got a kettle though." Oh, and when I asked when my Council 'Case worker' would likely be back I'm told " Well I've no idea, if she has what the rest of us have got, it might be a while, as you can hear, we're all sniffling." Following that, I went into my Local Council Office to apply for a council property and was told that I'd hardly gain any points for having no hot water! So there you have it....the 'Help'.

Finally, I informed my Landlord yesterday that I would be unable to pay him full rent this month, as I would need to deduct the £70 call out for HE which he still hasn't reimbursed, despite me sending receipt two weeks ago and a percentage for my increased electricity usage which I will get my Energy Provider to help with. His reply was "You better not, bad idea"

This has turned into an Epic, but the worst part about this, is that I just want to move out now.


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