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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We moved in a flat a month ago but started using

Customer Question

hello,
we moved in a flat a month ago but started using it properly probably 3 weeks ago. When we took a shower for the first time it turned out that the shower is broken(it a shower unit). The problem with it is that it can supply only hot water. so the showers are boiling hot, impossible to take. We called the agency and they brought a plumber to look at it. He came round and said it needs to be changed. The agency contacted the landlord and he refused to buy a new one and called the shower supplier's company for a visit that is included in its warranty. The person from the company came a week and a half after and said the pipes have been installed wrong and the shower unit itself is 15 years old so it should be changed. The info has been given to the landlord and he asked the plumber to come over and look at the pipes that ostensibly have been installed wrong. The plumber said there is no problem with them and its the shower and that he would buy a new one. he went to a shop and gave the price to the landlord , the landlord said no and he also said he would buy it himself(probably the worst one ) which will be delivered on tuesday which makes it 3 weeks since we asked to repair it. What can we do? can we ask for a refund of rent or something?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Your landlord is in breach of S11 Landlord and Tenant Act and Housing Act HHSRS Regulations. You can give five days notice to fix any faults and in default fix them yourself and claim the cost.
You would also have a claim for loss of amenity if the landlord does not act although it would be very minor at best and probably not worth pursuing.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

But we left it all to the landlord. he already purchased the shower so is there anything we can do now? as it has been 3 weeks since we asked for help and they didn't work promptly. We also emailed the agency regarding some kind of a refund on the rent but they completely ignored them

Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Jo C. replied 1 year ago.
Thank you. You have left a negative rating but asked for more information which seems inconsistent. I will be happy to carry on with this if the negative rating was a mistake. I know thats easy to do as I’ve done it myself in other categories.
Customer: replied 1 year ago.
Relist: Incomplete answer.
Customer: replied 1 year ago.
Relist: Incomplete answer.
Customer: replied 1 year ago.
Relist: Inaccurate answer.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I see you have relisted this - what else would you like to know?
Customer: replied 1 year ago.
Hello, I would like to know what actions we can take . For example are we allowed to ask for a refund in rent or some compensation because for 3 weeks we have not been able to take a normal shower it's always been scolding which is quite dangerous and the landlord is being stingy not letting the plumber buy a shower and doing it himself which makes me think that he might just buy a second hand shower which will break in a week .
Expert:  Ash replied 1 year ago.
Yes you can ask for a reduction or compensation as the Landlord must provide hot water facilities. You can ask for a partial reduction/compensation not a full refund on rent paid.
You need to write and set out your losses and request a refund/compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund/compensate 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.
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

That is great thank you!

Expert:  Ash replied 1 year ago.
You are most welcome.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex

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