Landlord refused to fix boiler, now we have high bills - can we withhold rent?

[Sarahjsxx]

Hello,
I'll try keep this short! Our landlord has a history of refusing to repair things, we had to get environmental health to assist previously
At the end of November we went away for the weekend, we came back and all the heating was on full blast and wouldn't turn off, we told them straught away. Over the next month we had electrician and plumber turning up anytime of the day unannounced to 'repair it' and eventually they declared they couldn't repair it and the plumber stopped replying to our messages
We have received the last few months bills which have been a lot higher than usual (as expected) we raised with the landlord, they ignored. We move out in 30 days, our last rent due to be paid today. My husband emailed the landlord a few days ago to say we will not be paying the rent until they address the bills (letting agent won't get involved)
They have emailed back today saying we will get into rent arrears and will affect our credit rating and we must pay immediately
Can anyone advise what happens here? This isn't our fault regarding the heating issue and they've known about it for over 3 months

[Flatandhappy]

Absolute nightmare and I feel for you but the short answer is no, not without affecting your credit rating. Rent and repairs are different issues.

[MiltonNorthern]

No you can't withhold rent. They are separate matters. You could potentially apply to court for the landlord to pay you the extra heating you've paid if you can evidence from last year's use how much extra but it would be a lot of work for no guarantee. How much extra have you actually paid?

[Answersunknown]

If you didn’t want a cracking bill why did you not just turn the boiler off at the override switch on it?

ours went in to constant mode similar to yours - we just switched the boiler off manually and turned it back on when we wanted until it could be fixed.

pain in the butt yes but better than a huge bill and a load of grief

[Sarahjsxx]

I didn't know you can do that and why would the plumber not do this?

[Sarahjsxx]

So I guess we will have to pay them later today. Obviously it will be too costly and take a lot of time to go the court route, is there anything else we can do to get them to pay us back that anyone can advise please?

[MrsMoastyToasty]

You can report him to the environmental health department at your local council. They have powers to make him do the work or fine him.

[MiltonNorthern]

Well no, if you've asked nicely and they have said no. How much extra did you actually pay, in comparison with last year's bill?

[MiltonNorthern]

@MrsMoastyToasty

You can report him to the environmental health department at your local council. They have powers to make him do the work or fine him.

He's done the work and they are moving out. They are trying to get him to contribute towards their gas bill. Environment health won't help with that.

[MorningSunshineSparkles]

Why didn’t you just turn the boiler off at the fuse switch instead of leaving it on 24/7, that’s on you not your landlord. Crap to have a broken boiler though but at least you had heating rather than none at all.

[rwalker]

How cold was November and where abouts is the boiler

most modern boilers have a frost stat and frost protection this overrides any controls and fires up
ours was in the garage and used to do similar

[Octopuslethargy]

@rwalker

How cold was November and where abouts is the boiler

most modern boilers have a frost stat and frost protection this overrides any controls and fires up
ours was in the garage and used to do similar

We had the same. Old boilers were 30 years old. New boiler fitted in December and then on 24 hours a day. Plumber came and changed the settings initially then fitted a new control.

[Spinet]

Did the gas safety certificate run out before or after the boiler broke?

[twohotwaterbottles]

Talk to citizens advice about a small claims civil case for the bills. They should be able to advise you if it's a goer or not. You'll end up with a nightmare if you withhold rent

[Squiggles23]

Rent isn’t credit OP so it won’t affect your credit rating.

It has to be a contact you’ve physically signed up for (like a mobile phone contract or buying a car on credit).

It might affect your ability to get your deposit back or reference if needed.

Tbh I wouldn’t pay depending on the deposit situation.

[Sarahjsxx]

Why didn't the plumber suggest this or do it when he came?
My husband paid the rent on Saturday morning. Wondering if can try and make a claim on the deposit scheme regarding this- environmental health have already been related to other issues

[rwalker]

Has it done it since or have you still got heating running since November

[Boredandbitter]

The problem for renters is that they get out of the habits of "switching the boiler to frost setting" and that is not their fault. If you have nothing invested in a property, why should you bother trying to understand it. The Letting Agent should be made aware that the workmen were sub standard/useless. OP try and keep copies of all correspondence and make sure you understand how the next property systems work. It ticks me off that the letting agent and landlord are the only winners in a corrupt system.

[Car1990]

If you don’t pay your rent it won’t automatically affect your credit rating. Only if the landlord passed this onto debt collectors. This seems unlikely since you’re about to move out. Look on citizens advice there’s lots of useful advice about this.

[Hoppinggreen]

@Squiggles23

Rent isn’t credit OP so it won’t affect your credit rating.

It has to be a contact you’ve physically signed up for (like a mobile phone contract or buying a car on credit).

It might affect your ability to get your deposit back or reference if needed.

Tbh I wouldn’t pay depending on the deposit situation.

It could if the LL takes it to court and a CCJ is issued or similar

[Parri]

Even though it’s tempting don’t hold back rent. You can contact the council about slum landlords, and they can get onto them if they come round and inspect and think it’s inadequate. Could help maybe? Just an option x

[biedrona]

You are moving out, just let it go

[Hairdyemistake]

It has to be a contact you’ve physically signed up for (like a mobile phone contract or buying a car on credit).

The tenancy agreement is the contract, which OP and her partner will have signed, agreeing to pay rent.

Wondering if can try and make a claim on the deposit scheme regarding this

This makes no sense OP. The deposit held in the scheme belongs to you already. It's returned to you at the end of your tenancy.

The LL can only make deduction from it to keep all/part of it if he has grounds to, due to eg - you not cleaning before you move out, not having paid upto date with rent, having caused deliberate or accidental damage that isn't ordinary wear and tear.

[Legacy]

I'm afraid shrugging and saying 'but I didn't know I could switch it off manually' probably won't wash. Presumably you could also have turned your radiators off at the valves? Or didn't you know you could do that too?!

You may be a tenant, but there are certain things like knowing what to do if the fusebox trips etc which tenants are expected to know and deal with - behaving in a 'tenant-like manner' is the expression.

It's a pain when workmen turn up unannounced I agree, but they are a law unto themselves, and it sounds as if the landlord was trying to get it fixed, before discovering it was a bigger job - perhaps boiler replacement?

I'd just be grateful you weren't left in the cold!

[NormaSnorks]

@Boredandbitter

The problem for renters is that they get out of the habits of "switching the boiler to frost setting" and that is not their fault. If you have nothing invested in a property, why should you bother trying to understand it. The Letting Agent should be made aware that the workmen were sub standard/useless. OP try and keep copies of all correspondence and make sure you understand how the next property systems work. It ticks me off that the letting agent and landlord are the only winners in a corrupt system.

Actually it IS their fault, and enshrined in case law: 1954 Warren v Keen:

Lord Denning stated that:
“The tenant must take proper care of the premises. He must, if he is going away for the winter, turn off the water and empty the boiler; he must clean the chimneys when necessary and also the windows; he must mend the electric light when it fuses; he must unstop the sink when it is blocked by his waste. In short, he must do the little jobs around the place which a reasonable tenant would do. In addition, he must not, of course, damage the house wilfully or negligently… but apart from such things, if the house falls into disrepair through fair wear and tear or lapse of time or for any reason not caused by him, the tenant is not liable to repair it.”

And what proof is there that the workmen were substandard/ useless? Not all problems can be fixed. Sometimes they have to try things first before finally replacing. You have clearly never been a householder and would be a nightmare tenant!

[MiltonNorthern]

@Sarahjsxx

Why didn't the plumber suggest this or do it when he came?
My husband paid the rent on Saturday morning. Wondering if can try and make a claim on the deposit scheme regarding this- environmental health have already been related to other issues

You can't claim any extra money through the deposit protection scheme - it's already your money.

You haven't answered how much extra you actually paid. What's the difference between this year's bill and last year's?