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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70289
Experience:  Over 5 years in practice
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I am currently in a private rent property and 5 weeks ago the

Resolved Question:

I am currently in a private rent property and 5 weeks ago the boiler stopped working properly. I was in discussions with my landlord who said he was going to replace the boiler. My boiler has now been completely broken for 3 weeks, I have no heating or hot water and my shower works off the boiler too so we are unable to bathe at home. A week ago I was informed that my landlord has died, his daughter has found a plumber who is waiting to come and replace the boiler but on discussions with my landlords solicitor, has been told they will not release the funds for the boiler replacement. The solicitor is the executor of the will, and I was under the impression that he would be responsible for my landlords obligations. I know that I may have to move in the future and am prepared for that, but at the moment am in limbo about what to do, as these conditions are becoming intolerable.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What type of contract are you on?
Customer: replied 3 years ago.

I was on a 6 month tenancy, but am just on a rolling tenancy now but have been in the property over 2 years. My rent is always on time, and have never withheld any even under the circumstances I have found myself in.

Expert:  Jo C. replied 3 years ago.
Thanks.

Obviously one can understand their difficulty but they cannot visit that misfortunate onto you. Whichever way you look at this, you have no hot water. Heating might be acceptable as we are approaching summer but the provision of hot water is essential.

Your claim is against his estate at the moment but its not likely you would need to go that far.

You have a variety of options. You can do the work yourself and then sue the estate. A better option here is to do the work and then withhold from rent. I would never normally suggest that as it places you at risk of an allegation of being behind with rent but in this situation it may be the best means of enforcing your rights. Alternatively you could sue for a reduction in rent for disrepair. In fact, you have a right to do that anyway but it doesn't get your hot water sorted. You could also complain to Environmental Health who would issue an improvement notice. That is a very effective way of sorting out disrepair. Finally you could ask to be released from the contract if you want to leave. The daughter would have to consent if she is the executor but she may prefer that to deal with the litigation.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

The executor is his solicitor who I am going to contact on tuesday. I just wanted to know who would be legally responsible, would this be him, as I have his contact details. I am not in a position to pay myself and a big part of my rent is paid into my landlords account direct from housing benefit.

Expert:  Jo C. replied 3 years ago.
The estate is liable but that is managed by the executor.

So you would just issue against the solicitor by name as executor of the estate of x person.

Environmenal Health can issue a notice to the executor.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

That's great, thank you for your help.

Expert:  Jo C. replied 3 years ago.


No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/