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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We moved in a property a week ago not knowing that the boiler

Resolved Question:

We moved in a property a week ago not knowing that the boiler was disconnected because the carbon emissions were > 1000 we have tried to call the estate agent maintenance department up to now the problem hasn't been attended to
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : You don't have hot water or heating?
Alex Watts : What type of tenancy agreement do you have please?
Customer:

Assured shorthold tenancy

Customer:

Boiler not working therefore no heating and hot water

Customer:

The landlord knows abt this problem the estate agent is contracted to maintain the property but he seem not to take any action against the estate agent.

Alex Watts : Ok. The landlord is in breach of the landlord and tenant act as it is a term that they provide not water and heating.
Alex Watts : You need to speak with the council - they can prosecute the landlord.
Alex Watts : What is it you want to do, move out or get it fixed?
Customer:

So what should I do

Customer:

Tenant legal rightstudies

Alex Watts : Do you want it fixed or moved out?
Customer:

Have only been in property for a week paid deposit

Alex Watts : D y
Alex Watts : Do you want it fixed or do you want to move out!
Customer:

Fixed if I decide to move out I loose my deposit

Alex Watts : Ok. Speak to the council tomorrow.
Alex Watts : at
Alex Watts : Then get a number of quotes to get the work done. This forms your loss.
Customer:

You mean local council

Alex Watts : You need to write to the landlord and set out your losses and request a payment or the boiler fixed within 48 hours or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : Yes local council.
Customer:

You mean local council

Alex Watts : If they do not fix or refund you 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.
Alex Watts : Yes your council.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I have sent emails to the estate agent

Alex Watts : Please read the above,
Alex Watts : Not emails, but a letter sent recorded delivery.
Customer:

The landlord is saying he contracted the estate agent

Alex Watts : That is not your problem.
Alex Watts : The landlord needs to sort it out with the agent.
Alex Watts : Do not be fobbed off by the landord,
Customer:

Ok but the landlord is saying he contracted the estate agent

Alex Watts : Can I clarify anything else for you today please?
Alex Watts : That is not your problem.
Alex Watts : Have you read the steps I outlined above please?
Customer:

Ok will follow yr advice

Customer:

Who will pay court fees then

Alex Watts : you do but if you win you claim those back from the landlord,
Alex Watts : If this answers your question might I invite you to rate my answer.
Alex Watts : If the system does not let you, please do say.
Alex Watts : If you need more help please click rely.
Alex Watts : reply
Customer:

Sorry not at the moment

Customer:

Sorry I haven't got to much to pay I have to sign out

Expert:  Ash replied 3 years ago.
I have changed format.

Try and rate now if you wish.

If you need more help please click reply.

Alex

Ash and other Law Specialists are ready to help you