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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Responsibilitys of a landlord. 4 weeks ago, my husband, me

Customer Question

Responsibilitys of a landlord. 4 weeks ago, my husband, me and my 4 young children ( 5, 8,10, 11) we recently started to rent out a property unaware until the day we got the keys that one gas fire was faulty and needed a service before use as the ignition was broken and the main fire the flue is not to current stands so we have a sticker on the main fire to say we are not to use it. We have been without proper heating, we have had a radiator flush done, and have been told we have to wait another week for a new pump and new values.

At no point did they try to inform us that their where any faults arising from the gas certificate until we had signed the contract and taken our deposit, or discuss the matter of deducted rent due to the both fires not working.

My question is i am in my right to ask for a deduction of rent, as i was not aware that the fires where not working until we moved in. I just need to know how i need to approach this with the agent as I thought that from the Landlord and Tenancy Act that everything should be in working order before we moved in.
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

Did it pass the gas safety check or has it been condemned?
Customer: replied 3 years ago.


the boiler passed but with rectification work to be carried out saying that the boiler is positively fanned and can be a danger as obsolete highly recommend immediate replacement. The the main fire failed due to the flue not being to current standards and the fire in the 2nd room ignition and controls faulty in best endeavour a service.

Expert:  UK-Justice replied 3 years ago.
What is it you want to achieve?
Customer: replied 3 years ago.

Hi Nic


 


Thank you for your time.


 


I either want the fires fixed or the fires disconnected as recommend on the gas certificate and a reduction in rent due to the fact that we were on the understanding that when we rented the property we were to have working fires.


 


My husband and I believed that under the landlord and tenancy act everthing should be in good working order.


 


Thank you


 


Jo

Expert:  UK-Justice replied 3 years ago.
Yes things should be in working order.

You should therefore get 3 quotes for putting the work right.

Once you have these send the cheapest to the Landlord and ask that he fixed it within 14 days or say you will go to Court.

If he refuses then you can issue proceedings.

You can do this online at: www.moneyclaim.gov.uk - you will have to pay a fee but this will be added to the claim.

Assuming your claim is below £5000 it will be a small claim and you wont need a Solicitor.

You will be surprised how quick matters are resolved once proceedings are issued.

I realise that this is stressful but hope this helps.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


Thank you


 


As we go through the agent on this matter and not direct to the landlord. I would like to send them a letter explaining to them that this is not acceptable to be left in such a manor. Could you tell me if it is written in the Landlord and Tenacy Act, where I can find the information that all fires should be in good working order and all faults on the gas certificate must be recitified.


 


Thank you

Expert:  UK-Justice replied 3 years ago.
There is a term in the Landlord and Tenant Act that states they must provide hot water and heating.

As such this may come under the latter.

There is no law to say a faulty fire must be repaired, they can be taken out of use.

However in terms of the items in the house it is under contract law that these items must be working.

But I would write to the agent and Landlord.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


Where can i find where it says about all items must be in working order. Is there a website or book, that has a copy of the contract law in so i can ask them to refer to it.


 


Thank you

Expert:  UK-Justice replied 3 years ago.
Contract law is common law.

About Landlord and Tenant Act it is on www.legislation.gov.uk


I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Thank you



If when i send the letter, and they still do nothing would i have a leg to stand on to take the matter further with a local solicitor.

Expert:  UK-Justice replied 3 years ago.
No - it would be a small claim if the total value is below £5000.


I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thank you

Expert:  UK-Justice replied 3 years ago.
Welcome
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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