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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

WWYD - my rights as tenant in this situation

49 replies

Gorgeous73 · 25/11/2017 09:16

We've been without a boiler for a week now (broke down last sunday). Since then LL has sent 3 different companies to have a look at boiler and they've all said it needs to be replaced. The last one was on Wednesday and I haven't heard from him since. I keep asking the real estate agents and they don't have more info than me (I'm not directly in touch with LL). We are now freezing and exhausted from using kettle to boil water for washes/showers etc (6 of us in the house).
I know that legally, my LL is required to deal with this "within a reasonable amount of time", so that's really vague and doesn't help.
So my question(s):
WWYD, as in would you ring and demand more info, or is one week still in the "reasonable amount of time"?
Would you ask for a discount on your rent this month?
I don't want to make a huge fuss as it's usually smooth riding with our LL but I'm getting a bit tired and wondering if he's stalling trying to find a cheap deal.
AIBU?

OP posts:
Shadowboy · 25/11/2017 09:19

In winter a week is unacceptable without a boiler. I have no idea about the legalities but if I had kids I’d want it done within 3 days or alternative temp accommodation. It’s -1 outside right now and has been since Thursday- your house must be freezing!

Original poster
Gorgeous73 · 25/11/2017 09:22

shadow it is freezing. It's a big house and though letting agents gave us a small electric heater, it's nowhere enough. We're having to carry it from room to room. It's ridiculous really but I keep being told "we're waiting to hear from LL/plumber/company". I can ask for more heaters but really not looking forward to my electric bill this quarter!
Also, WIBU to ask to be put directly in touch with LL?

OP posts:
NearlyEaster · 25/11/2017 09:33

I’d expect the loan of a heater for every bedroom and reception room.

We don’t use our boiler for heating if we can help it (using electrical heaters instead), and with enough heaters this is fine.

I’d also ask for a rent discount to cover the variation in your bills between this year and the same period last year.

Seems odd they got three quotes by Wed but nothing since. I’d be constantly on to the letting agents.

yowerohotesies · 25/11/2017 09:33

Getting shouty is unlikely to help. You've got to him him where it hurts, in the wallet.

I suggest that a formal letter via the agent including something along the lines of:
"As Mr LandlordsName does not yet appear to have made arrangements yet for us to have a functioning boiler we believe we should not be liable for the full rent as we are not receiving the full value of what we are paying for (that is, a home with expected minimum standards including hot water and heating). We will therefore pay 50% of the agreed rent from now until we have a fully functioning boiler - unless we receive confirmation by the end of business on Tuesday 28th November from one of the heating engineers who have already visited that an appointment to replace the boiler has been booked in for before 1st December, as we do not believe that any later than this can be called a 'reasonable time' to live in these circumstances."

NearlyEaster · 25/11/2017 09:34

I’d stay dealing with LA not LL. Less emotional that way.

justilou1 · 25/11/2017 09:37

If you are using electric heaters you should also claim compensation for the (massive) increase in your power bill. Definitely get onto the real estate agent and demand it be sorted within 24 hrs or you will go to the authorities.

Original poster
Gorgeous73 · 25/11/2017 09:47

Yes I'll keep talking to LA, less emotional, that's true.

And I'll ask for a rent discount including compensation for electric bill. Is this at the LL's discretion?

yo it's so hard to interpret the "reasonable amount of time". I really hope I won't have to wait until end of the month Sad

OP posts:
Viewofhedges · 25/11/2017 09:53

I’m a landlord. When my tenants’ boiler broke I paid for electric heaters, got the boiler fixed ASAP and gave them a rent discount, as they weren’t getting what they were paying for, ie a flat with hot water and heating.

Oddly, my own boiler broke the same week, and I could only afford to replace one, so theirs was done and I lived without for ages so I sympathise!

But yes, tell them you’ll be paying less rent til it’s fixed.

Fallofrain · 25/11/2017 09:56

Woah there's some risky advice here
Speak to shelter first...
Withholding rent is rarely recommended. It then becomes you who breaches the contract. They may then be able to evict you or go to court for the money. This would make you potentially "intentionally homeless" which removes the council's obligation to home you.
Sadly in most cases a week would be considered reasonable especially as people have already come out for quotes. If keep ringing the letting agent though as the ball needs to keep rolling.

We once had a similar landlord who kept getting quotes and trying to find a cheaper quote so it took an age.in our case they gave us electric heaters for the time being.

Yours need to be booking in the repair asap which may still take a couple of days. It's pretty rare to have a boiler man immediately available this time of year

LIZS · 25/11/2017 10:04

It could be they are arranging a new boiler to be installed, unlikely to be an instant fix. Three quotes would be the normal way to decide what to do. Your tenancy agreement should name the ll and give an address - it is a legal requirement that you have this information. Keep putting pressure on the agent to give you a date to sort this or say you will contact ll if not. You can ask for a retrospective rent rebate but this is discretionary and you should not just withhold payments. Ask agent to provide heaters in the meantime.

Original poster
Gorgeous73 · 25/11/2017 10:05

fallo I won't refuse to pay rent but ask for discount, so agreeing on it with LL should not cause a problem?
Also, I'm not expecting miracles but he could've at least given us a timeline - say it will be replaced on x day - instead of vague no info at all.**

OP posts:
scaryteacher · 25/11/2017 10:08

Even as a homeowner when my boiler was replaced, the date kept moving. It's not just getting the boiler, it's getting the people to install it.

flumpybear · 25/11/2017 10:08

Phone them up and tel them you want it done as an emergency today otherwise you’ll expect to be put up on a decent hotel until it’s done at their expense

expotition · 25/11/2017 10:11

If you can afford it, I'd suggest:

  • call the agent and tell them that since the landlord hasn't sorted it you will do so yourself, unless you have confirmation from the landlord of an appointment to sort it by (short deadline), and that you'll take the cost off next month's rent
  • follow up that call with an email restating what you have told them, and anything they said in response
  • if deadline not met, get it done yourself and take the money off your next rent

If you can't afford to pay for the work yourself upfront, I would try this:

  • call the agent and ask which company the landlord plans to use
  • if they tell you, advise you will call that company, instruct them yourself, and pass their invoice to the agent / landlord for payment
  • if they don't tell you, say that the fact they haven't decided shows they're not taking it seriously, you will choose one of the companies they asked to quote and pass the invoice on to them
  • again, confirm conversation with an email and do what you've said you would if nothing happens by your deadline
  • call the plumber to check they've been paid before the deadline to change your next rent payment, and if they haven't, take the money off your rent to pay them.

Obviously you shouldn't have to do any of this as it's all your landlord's responsibility. Hopefully just communicating this plan will be enough to get them to act. Good luck!

Downthepubofcourse · 25/11/2017 10:16

For goodness sake as people up thread have suggested go to shelter or the cab and get proper advice. Do not listen to armchair lawyers on here!

PissedOffNeighbour · 25/11/2017 10:16

Do you have an immersion heater in your airing cupboard that you can use to heat the water? We didn’t realise we had one for ages but it was a godsend when our boiler broke down.

BarbarianMum · 25/11/2017 10:17

Hetting 3 quotes for something like replacing a boiler is fairly standard but now they've got those they should be telling you they've awarded the contract with the work be carried out in the next 10 days or so. Speak to the LA first thing Monday - LL needs to get a move on.

bluetongue · 25/11/2017 10:18

Please don’t stop paying rent or pay less rent. Contact agent first thing on Monday and ask for an update. Take it from there. Good luck.

lalalalyra · 25/11/2017 10:20

Don't without rent without taking proper legal advice.

If your LL has sent 3 companies in so far then he's probably not even started thinking about who is actually going to do the work yet. I'd call Shelter for advice.

Write to the agents, and the LL (you should have his address on your tenancy agreement for serving notices) asking for a timescale of when it is going to be sorted. Keep it factual and highlight strongly that it is winter and you haven't been provided with adequeate emergency heating. Add into this letter whichever timescale Shelter suggest as being acceptable and the steps you will take after that.

lalalalyra · 25/11/2017 10:20

*withold

lalalalyra · 25/11/2017 10:21

Whatever you do, do not withold rent or do the work yourselves without taking proper legal advice.

quackingduck222 · 25/11/2017 10:45

Another landlord here.

I had this with my tenants back last summer. The boiler went it obviously didn’t affect the heating just the hot water.

I got a reputable company out the next day as it was in the evening they reported it. I was assured a part would sort the issue so they company ordered. They were dealing with the tenants direct. They returned the following week to replace the part. It could of been sooner but the tenants wanted a particular day. It wasn’t sorted. They got a new boiler but it took a few more days.

The problem is the tenancy agreement is very vague “reasonable amount of time” one persons reasonable is not another.

I did offer a part rent reduction but they didn’t agree or disagree until the rent was due. They then argued they wanted free rent during the time they were without hot water.

Personally I think you should ask for a rent reduction but don’t go withholding rent. I would ask now personally so it might jolly them along to sort it out.

MsFortunaMajor · 25/11/2017 11:16

To the previous poster who suggested replacing the boiler yourself and then deducting the amount from your monthly rent - our new boiler cost over £3000, how much do you think OP is paying in rent each month? Ridiculous suggestion.

I sympathise OP. Our boiler broke in rented accommodation during a very cold spell. It was miserable. The LL sorted it in the end, but they didn't give us portable heaters or anything else to help. I echo the suggestions to speak to shelter.

tihsho · 25/11/2017 11:23

I'm a landlord. A week is far too long in winter to be without a boiler. I agree with advice about writing formal letter to whoever is managing the house.

expotition · 25/11/2017 12:41

Fortuna, you're quite right, I hadn't read properly. Still, lots of renters pay more than you imagine, depends on geography, and the principle is the same even if it means withholding rent for longer to cover it. My main point was to galvanise the landlord - when I was renting this is the only way anything got done.