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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Dear all I have been living in a property for months where

Customer Question

Dear all

I have been living in a property for months where the boiler has not been working properly and never been fixed accordingly. despite me clearly asking before moving in and been told it was in perect conditions. the company managing this flat is just sendng plumbers that are not fixining the issue . Even the day i moved in the boiler wasnt workngi and now I have no haeting in the flat. I pay a lot 400 gbp per week and I work a lot. What an i do ? i tihnk i am entitled to reimbursment of part of the rent or something to be fixed but this is not happening
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

What type of contract is this please?
Customer: replied 2 years ago.

1 year contract - standard . i am raelly frustrated with how much I pay and have nothing back

Expert:  Jo C. replied 2 years ago.
When did you move in and when did you complain please?
Customer: replied 2 years ago.

i moved in on the 21st of Sept. And I complained on the same day as I had no hot water. Every time i have to climb on a shaky chair to reach bpiler and restart it. Now the heaters do not work either as a consequene of the malfunction. Boiler gets stuck every 15 day on average . landlord just told me to go up and fix it myself in the beginnign that sometimes it happens

Expert:  Jo C. replied 2 years ago.
Ok
So it does work? It just needs restarting?
Customer: replied 2 years ago.

well not really as i have to climb up all the time .... is it normal? now i have no heating....

Expert:  Jo C. replied 2 years ago.
Yes, but it is possible to get it working by restarting it?
Customer: replied 2 years ago.

i am not willing to climb up and risk to get injured all the time. also now even if i reestart the heaters are not working as they dont get water. one engineer has said to the management company there might be a leakage somewhere that has not been taken care of

Expert:  Jo C. replied 2 years ago.
Ok.

When did they stop working if you restarted them?
Customer: replied 2 years ago.

i never restareted the heaters. they just stopped workngi as boiler is not working properly. again

Expert:  Jo C. replied 2 years ago.
Sorry to labour this but we need to get to the bottom of this.

You seem to suggest above that the boiler could be made to work by restarting. is that not the case?
Customer: replied 2 years ago.

again I did restart it but i have no heating .

Expert:  Jo C. replied 2 years ago.
Ok.

When did that start exactly or roughly?
Customer: replied 2 years ago.

on the day i moved in and i told them right away .what if i break a foot and cant climb to restart it? and also even if i do i have no heat. what a joke. if you can help fine otherwise it seems we are geting nowhere and id like to have my 30 pounds back

Expert:  Jo C. replied 2 years ago.
I'm really sorry but we need to get to the bottom of this.

You keep referring to restarting it and say what if you couldn't do it and then saying that makes no difference.

Which is it?

Customer: replied 2 years ago.

all of them. i will not climb tro risk my life to restart the boiler and anyway the heating is not working. even if i do restart it. unless we talk on the phone i keep on repeating the same thing

Expert:  Jo C. replied 2 years ago.
I am sorry but it cannot be both.

I will opt out for others.
Expert:  Ash replied 2 years ago.
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.

Have you had an engineer out?

Alex

Customer: replied 2 years ago.

yes and said that there can be a leakage but still nothing has been done

Expert:  Ash replied 2 years ago.
Ok - you need to get an engineer in to look at it. They will tell you what needs doing and give you a cost.

You need to write and set out your losses and request a refund or the work done within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

Alex

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