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_Deano

Original Poster:

6,064 posts

122 months

[news] 
Tuesday 10th July 2012 quote quote all
craigjm said:
Shouldn't have to ask, he should have been provided with them at the outset as part of the contract process. If the agent has failed to do this you can ask for them and they must be provided promptly or they are in breach of the landlord and tenancy act 1987
In the contract it states that the owner is Mrs X and that her address is: C/O estate agents address, there is no alternative address.

Some text that is written around the addresses.

IMPORTANT: - A landlord is required by law (for the purposes of sections 47 and 48 Landlord & Tenant Act 1987) to provide a tenant with his address when making written demands for rent and if that address is not in England and Wales, provide an address in England and Wales at which notices (including notices in proceedings) may be sent to or served on the landlord, by the tenant.
THEREFORE, Where the address for the landlord inserted at 1.3 is not in England and Wales you must insert, in clause 1.4, an alternative address for the landlord (for the purposes of sections 47 and 48 Landlord & Tenant Act 1987), which is in England and Wales.


condor

6,260 posts

117 months

[news] 
Tuesday 10th July 2012 quote quote all
As a temporary measure I'd suggest getting a solar-powered camping shower (less than a fiver for a large black bag with hose) - half-fill and leave in front of sunniest window during the day then top up with hot water from the kettle.

dirkgently

1,285 posts

100 months

[news] 
Tuesday 10th July 2012 quote quote all
condor said:
As a temporary measure I'd suggest getting a solar-powered camping shower (less than a fiver for a large black bag with hose) - half-fill and leave in front of sunniest window during the day then top up with hot water from the kettle.
You are havin a larf arnt you? Have you looked out of the window for the past two months?

essayer

1,598 posts

63 months

[news] 
Tuesday 10th July 2012 quote quote all
hehe You might as well just lather up then stand outside for ten minutes

condor

6,260 posts

117 months

[news] 
Tuesday 10th July 2012 quote quote all
dirkgently said:
condor said:
As a temporary measure I'd suggest getting a solar-powered camping shower (less than a fiver for a large black bag with hose) - half-fill and leave in front of sunniest window during the day then top up with hot water from the kettle.
You are havin a larf arnt you? Have you looked out of the window for the past two months?
I did suggest topping up with the kettle - it was more heating up from tap cold to just cold which can be done smile
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Rickyy

3,327 posts

88 months

[news] 
Tuesday 10th July 2012 quote quote all
To answer a question some one asked earlier, Flues are only visually checked on an inspection, it actually states on the certificates that they are not checked in depth.

10 days isn't unheard of, especially if it is a discontinued boiler that wasn't very common when it was made.

The Landlord has made every effort to repair the boiler, it's just tough luck. He will already be paying for an expensive repair, withholding rent will just hit him in the pocket even more.

mk1fan

3,728 posts

94 months

[news] 
Tuesday 10th July 2012 quote quote all
Assuming the property is in England or Wales. You have no legal right to withold rent - unless you follow a very specific protocol which is a lot longer than 12-days.

The Landlord has to make all reasonable efforts to effect repairs and from what you've put their actions have been prompt. As stated, it isn't unheard of for parts to be unavailable.

It is perfectly acceptable - from the Courts point of view - for somebody to wash from a sink. Further to this, there is no legal standard for how hot water is provided. A kettle or boiling it on a stove has been found acceptable.

Slagathore

3,741 posts

61 months

[news] 
Tuesday 10th July 2012 quote quote all
Rickyy said:
To answer a question some one asked earlier, Flues are only visually checked on an inspection, it actually states on the certificates that they are not checked in depth.
That was me.

Thanks for answering.

robwilk

80 posts

49 months

[news] 
Wednesday 11th July 2012 quote quote all
mk1fan said:
Assuming the property is in England or Wales. You have no legal right to withold rent - unless you follow a very specific protocol which is a lot longer than 12-days.

The Landlord has to make all reasonable efforts to effect repairs and from what you've put their actions have been prompt. As stated, it isn't unheard of for parts to be unavailable.

It is perfectly acceptable - from the Courts point of view - for somebody to wash from a sink. Further to this, there is no legal standard for how hot water is provided. A kettle or boiling it on a stove has been found acceptable.
This + 1
It is very hard to find plumbers and parts for old boilers. I think witholding rent will definatly be looked as a black mark on you and will probably be kept out of your deposit.
But as the landlord if you can use his gaff for a soak, I would if it was me!

Manks

5,018 posts

91 months

[news] 
Wednesday 11th July 2012 quote quote all
craigjm said:
You rented the flat with hot water. You no longer have hot water. Any reasonable person would withhold a percentage of rent for the period during which the property does not meet the standard that you rented it in. Don't let the estate agent scare you with the threat of legal action.
Some of the daftest advice I've seen on Pistonheads, and that's against some stiff competition.

If a tenant's salary is paid late, and he is unable to pay rent on time, would you expect his landlord to restrict access to facilities at the property until the arrears are cleared?

Once a tenant starts witholding rent without good reason (and the situation under discussion is not good reason) they immediately cease to have credibility as a tenant. If a tenant were to start witholding rent in the above situation, most landlords would ensure that a Section 21 Notice to Quit arrived well ahead of the heating engineer.

McHaggis

7,758 posts

24 months

[news] 
Wednesday 11th July 2012 quote quote all
So... What is "reasonable"? 20 days? 30? 60? 180?

Odie

3,675 posts

51 months

[news] 
Wednesday 11th July 2012 quote quote all
McHaggis said:
So... What is "reasonable"? 20 days? 30? 60? 180?
my flats boiler has been off for about 3 years now, its far too big for purpose, makes too much noise. So i switched it off, I do have a electric shower and boil the kettle to do the washing up.

If the Landlord is communicating and is getting the boiler fixed then the OP will just have to put up with it, what else can he do? Parts cant be magiced up out of thin air.

Ive recently had a new bathroom fitted in my place and was without a shower/bath for 4 days, i found this 'trying' but washing in the kitchen sink wasnt such a hardship, I can imagine having no hot water for an extended period could be 'challenging' but OP you just need to keep communicating with your landlord and hope it is remedied sooner rather than later.

_Deano

Original Poster:

6,064 posts

122 months

[news] 
Wednesday 11th July 2012 quote quote all
Thanks all.
It would seem that although i've already MTFU and shower cold everyday, i will need to continue with this until the parts have been installed. I've learnt that the landlord has paid for the installation and parts without question, so the delay is due to the manufacture (Ideal boiler) and he can't be held responsible for that.
frown bugger.

McHaggis

7,758 posts

24 months

[news] 
Wednesday 11th July 2012 quote quote all
Well at least your know it's a supplier challenge rather than him holding things up..

superlightr

6,879 posts

132 months

[news] 
Wednesday 11th July 2012 quote quote all
_Deano said:
Thanks all.
It would seem that although i've already MTFU and shower cold everyday, i will need to continue with this until the parts have been installed. I've learnt that the landlord has paid for the installation and parts without question, so the delay is due to the manufacture (Ideal boiler) and he can't be held responsible for that.
frown bugger.
so its not the letting agents fault then !? !!!

What would you do if you owned the house is always a good thought to have. It would be worth asking if a bit of rent could be refunded - you dont ask you dont get.

mk1fan

3,728 posts

94 months

[news] 
Wednesday 11th July 2012 quote quote all
McHaggis said:
So... What is "reasonable"? 20 days? 30? 60? 180?
Well that, quite clearly, depends upon the circumstances. Is this a serious question?

McHaggis

7,758 posts

24 months

[news] 
Wednesday 11th July 2012 quote quote all
mk1fan said:
Well that, quite clearly, depends upon the circumstances. Is this a serious question?
Yes. I'm curious as to how long people (and the law) might view as reasonable.

Edited by McHaggis on Wednesday 11th July 22:34

Vipers

15,544 posts

97 months

[news] 
Wednesday 11th July 2012 quote quote all
Wouldn't it be easier to senf the tennant a cheque for 50/100 quid and apologise for the loss of hot watwr, tennant happy. Sorted.




smile






Rickyy

3,327 posts

88 months

[news] 
Wednesday 11th July 2012 quote quote all
Vipers said:
Wouldn't it be easier to senf the tennant a cheque for 50/100 quid and apologise for the loss of hot watwr, tennant happy. Sorted.




smile
But why though? I can see it's an inconvenience, but the landlord has acted quickly and is now out of his hands. Just bad luck, it'll probably be costing a few hundred to put right as it stands.

Not a dig at the OP, but if people are that dependent on hot water, they should make provisions for a back up if the boiler fails. combination boilers are unreliable, if I were a Landlord I'd be fitting electric showers in properties with a combination boiler.

Vipers

15,544 posts

97 months

[news] 
Wednesday 11th July 2012 quote quote all
Rickyy said:
Vipers said:
Wouldn't it be easier to senf the tennant a cheque for 50/100 quid and apologise for the loss of hot watwr, tennant happy. Sorted.




smile
But why though? I can see it's an inconvenience, but the landlord has acted quickly and is now out of his hands. Just bad luck, it'll probably be costing a few hundred to put right as it stands.

Not a dig at the OP, but if people are that dependent on hot water, they should make provisions for a back up if the boiler fails. combination boilers are unreliable, if I were a Landlord I'd be fitting electric showers in properties with a combination boiler.
Well, so the sage continues for say for 8 weeks, would you be happy paying rent and no hot water?, my son in London had same situation recently and the landlord refundd £50 for the inconvience, result tennant happy.

Excuse my typos in other post, i-pad drives me nuts.




smile

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