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No Heating

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628 views 1 replies latest reply: 11 May 2015

I have had no heating or hot water for two years and my landlord has done one safety gas check in 7years while I’ve been renting the prosperity, the boiler is over 30yrs old and has been condemned by British gas, I have spoke to landlord on numerous occasions to replace the boiler but he said because of my rent arrears of £2000 he is not going to replace it unless I pay my rent arrears off he suggested I do some work on one of his other properties without pay to clear the arrears which I did but now he’s saying he’s selling the property and hes going for accelerated possession section 8 .I have not paid any rent since march due to these circumstances and I would like to know my legal rights as a tenant

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Hi Tony

Do you have a shorthold assured tenancy and what does it say about provision of heating and hot water? If the tenancy requires the landlord to provide this then he has been in breach of tenancy during for two years, which is something you could potentially sue him for (I’m not a lawyer so you’d need to speak to an organisation like Citizens Advice or someone at a law centre).

A gas safety check is required every year by law. Not doing this would also put the landlord in breach of the tenancy. You could also report the landlord to the Health & Safety executive who can prosecute the landlord (fines can be up to five figures).

Do you have anything in writing that shows you did the work to the value of the rent arrears?

Has your deposit been properly protected? If not that’s another breach of the tenancy and you could also claim compensation of 1-3 times the deposit from the landlord – info here.

Essentially, the section 8 procedure is breach of contract procedure. This gives you the chance to state a defence – i.e. that you have done the work in lieu of rent – and also to make a counter claim for breaches of contract from the landlord (no hot water, no gas safety etc). I’m not a lawyer so I would get some assistance via one of the two links I gave you above but it sounds like you should be able to take action against the landlord in response – possibly even get some compensation.


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