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Where do I stand re withholding rent because of repairs?

9 replies

strawberryshakes · 10/05/2015 22:24

Hi everyone.

I live in a housing association house. I have a very old boiler (older than me) and in my opinion it's not fit for purpose. It's very temperamental and sometimes I will have to go without hot water for hours until it will randomly decide to work again.

Over the past year I have had them out several times to come look at it. They're shocked at the age and the state of the boiler. They put me down as urgent on the new regeneration scheme in which the houses are being improved. This was meant to be in April but has been delayed a year. Despite the fact it works on/off they refuse to replace it and insist they can find nothing wrong.

Now yet again it is not working, it hasn't been working since this morning. Yet again I'm unable to have a bath and have to take a kettle upstairs so i can bath my dd, obviously no heating again.

Now I'm off to ring them tomorrow but I'm worried that it will start working again and they will refuse to acknowledge there's an issue. I'm fed up of not being able to bath us because the waters off again. If they tell me tomorrow that there's nothing wrong with the boiler I want withhold the rent until something is sorted because I'm fed up.

Would I be taken to court? Am I unreasonable in wanting the boiler replaced? I know it is due to be replaced next year but I don't want to wait that long. Thanks for any advice

OP posts:
tribpot · 10/05/2015 22:29

I would probably get advice from Shelter - in general withholding rent is not a great idea. Although in your shoes I would be outraged as well.

Is it a gas boiler? Does it not get a safety certificate every year?

Have you looked into making a complaint about the Housing Association?

strawberryshakes · 10/05/2015 22:38

The gas safety certificate had the boiler failing on one thing. I can't remember what it was although it was passed as safe. It's just so frustrating I know there is an issue as I have to put up with it, but they're just so unwilling to replace anything. Annoys me as they have just build a load of brand new houses with top of the range kitchens bathrooms and built in appliances but they leave their existing tenants homes in a state.

I will look into complaining. I know they are slow with the repairs (took them 3 months to replace my kitchen and toilet light so had to go to the toilet with the door open all the time) but I am dreading waiting a year. I just don't know how much of a case I have because it's not completely broken, though this is no consolation when I can't have a bath or wash my dishes. It wouldn't be so bad but I have no shower so a bath is all I can use.

OP posts:
tribpot · 10/05/2015 22:40

Have you kept a log of how often the boiler's been out and how long it takes before it starts again? If it's any help, ours blows out all the time when the weather is windy (have had to train ds on how to restart it when I'm in the shower). Could it be something like that?

Ohbollocksandballs · 10/05/2015 22:41

You've every right to be annoyed but you will probably find that there is a clause in your contract stating that you cannot with old rent for repairs.

Ring them and complain, tell them you want it fixing, it should have been done. If all else fails it may be worth contacting your local environmental health department.

Ohbollocksandballs · 10/05/2015 22:41

Withhold* bloody iPhone

strawberryshakes · 10/05/2015 22:54

ive not kept a log (stupid I know but I was told it was being replaced this April as a priority) but it can take 3/4 hours to come back on. This time it's been off since this morning and nothing is working it's just not kicking in, I've had my dad round to look at it and he says it's probably dead.

I Have rang them up time and time again. By the time they come out the next day it's working so they say there's no fault. I explain that it regularly cuts off for hours leaving me with no hot water but they just shrug and say well I can't do anything it's working now.

I've asked for a replacement and was promised it this April, which has been delayed for a year now. It really should have been done whilst the house was empty and then shipped off to a museum or something Angry

I won't withhold rent though so thank you, just feeling a bit frustrated. I'm hoping it stays off for good then hopefully they will have to acknowledge its faulty and bluddy do something. It would be liveable if I had a shower but they won't even allow me to put my own in.

OP posts:
strawberryshakes · 11/05/2015 09:41

They're coming tomorrow afternoon because it's not a priority. So nobody can have a bath again tonight, great. The woman's helpful (not) response was 'well don't you have an electric shower'. Well if I had an electric shower I wouldn't be complaining that I can't have a bath would I!

I've put in a complaint because I've been reporting this problem for a while and it should have been replaced but they want to wait until the regeneration scheme starts but this has been delayed as per and I'm not going to keep tolerating it. Thankfully i have a lovely neighbour who has let us use her shower. But definitely will pay rent Smile

OP posts:
Felinealarmclock · 19/05/2015 23:56

Don't withhold rent. I only know what the situation would be if you had a private tenancy so won't offer advice but do call Shelter as they are superb at this stuff.

newbieman1978 · 20/05/2015 10:20

Our boiler is from 1988 and still works perfectly, we just get it serviced each year. The guy is consistently surprised it's still going!

So old doesn't necessarily mean buggered, it may be a simple fix if someone is willing to look at it properly and actually get out to it while it's down.

I guess if you have the funds you could call out a independent engineer when it's gone faulty and get them to do a report/ fix it. Then send it to the housing association with the bill.

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