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Broken boiler and Section 21

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788 views 1 replies latest reply: 02 March 2015


I am new on here, having joined after my recent experiences with my landlord/letting agent.

Ever since my landlord put her house (my home) up for sale last year, any repairs have been slow to happen.  For example, when I notified my letting agents in December (twice by phone and twice by email) that my toilet had stopped flushing, it took 3 weeks to be repaired – it is the only toilet in the house too.  I reported a leaking (virtually on all the time) tap at around the same time and that is still to be fixed.

The icing on the cake came when my boiler was condemned during my annual gas safety inspection.  I was without heating or hot water from 26 January until today, 27 February after Envoronmental Health got involved.  To rub salt into the wound, my landlord sent me a Section 21 notice to quit on 02 February.  My house is in the process of being sold, but when I spoke to the new owner at Christmas she seemed keen to keep me on as I have been living here for nearly 6 years.  I genuinely believe that my previous/current landlord was hoping to avoid paying for a new boiler and pass the costs on to the new owner. 
I have been continuing to pay my rent as I know that it could otherwise lead to poor tenant references, credit scores etc.

I am considering taking her to the small claims court due to her breaking the Landlord and Tenant Act 1985.  Has anyone done this before?  How easy/difficult is the process?

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Hi Heather

As far as I know, if you took the landlord to court it would be for breach of contract – i.e. not fulfilling their responsibilities under your tenancy agreement (to keep the property in good repair etc). If you’re going to do this then you need to make sure you have as much proof as possible on how long repairs took and especially with respect to any loss suffered. You could look for damages for something like inconvenience, anxiety etc but other than that you would need to prove you suffered loss as a result of the breach of contract (so were your possessions damaged, did you have to pay for a hotel when you didn’t have boiler use etc). I’m not a lawyer so you might want to contact an organisation like the Citizens Advice Bureau or a law centre for a bit of free advice based on your specific circumstances. There is also this useful page on the process of making a small claim.


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