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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi Can you help me? Any advice I can find seems to be for

Customer Question

Hi

Can you help me? Any advice I can find seems to be for tenants, not landlords.

I have been a landlord for approximately 20 years without any major issues. However one of my current tentants has lodged a complaint with the Council that there is inadequate heating. I have spend 7 weeks and over £2k trying to get the hot water and heating to a 100% satisfaction. Two CH engineers have confirmed that it cannot be improved from the current status.

I have established that:

1 the boiler produces enough hot water,
2 the two flushes have ensured there is no rubbish in the systems, and
3 there is nothing blocking the radiators,
4 the new pump means all the hot water should be getting round the system
5 and there was no problem in December 2012 in getting the Gas Safety Certificate which was renewed according to CORGi regulations in February 2014 .

What can the Council make me do? Instal a complete new heating and water system - this would be a major overhal (5 bed, 3 floor house) and would not even guarantee would improve the situation as no-one can seem to establish the actual problem. I lived in this particular property myself for 15 years with the same system, the same number of gas appliances and radiators and a larger family.

Please advise
Nicki
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Do the Gas people say that you should get a new boiler or the existing one is sufficient please?

JACUSTOMER-gnwmxglj- : One gas engineer says it doesn't need replacing. The other says this type of boiler xannit
JACUSTOMER-gnwmxglj- : service the number of radiators in the house- despite the fact that it has until now for 17 tests
Alex Watts :

The Council can't make you do anything

Alex Watts :

At worst the tenant can try and take you to Court because the Landlord and Tenant Act says you must provide hot water and heating.

Alex Watts :

The Court will appoint a joint expert to produce a report

Alex Watts :

If the report says it is inadequate then you will lose.

Alex Watts :

If the report says the boiler is fine then you will win

Alex Watts :

But the Council can't make you do anything - it would be down to a Court if the tenant brought a claim

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-gnwmxglj- : Is the tenant entitled to compensation because of inconvenience
JACUSTOMER-gnwmxglj- : and do you have any clarification on the tenants claim that the law states that rooms must be heated to 21 degrees. She has taken photos showing a thermometer less than that. How is that accurate proof? I
Alex Watts :

The tenant can TRY and claim. But it really depends on what the engineer says.

Alex Watts :

If it is faulty then - maybe yes, if they have sufferd

Alex Watts :

If not faulty - then no

Alex Watts :

Does that clarify?

JACUSTOMER-gnwmxglj- :

The boiler is not faulty but we cannot get all rads to 21 degrees and everyone if is flumoxed other than it probably lies with either house movement or inconsistent pipework.

JACUSTOMER-gnwmxglj- :

Can anyone make me refurb the entire house to accommodate a new system or is sufficient to add additional free standing radiators? No one seems to be able to clarifythis

JACUSTOMER-gnwmxglj- :

Many thanks

Alex Watts : No, you can't be forced to refurbish the house.
Alex Watts : Of course you may wish to give the current troublesome tenants notice to leave at the end of the fixed period.
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Alex Watts :

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