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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
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I am a disabled pensioner, and have a secure tenancy signed

Customer Question

I am a disabled pensioner, and have a secure tenancy signed 3 weeks before the rent act change in 1989 -
I do not have 'hot water on demand,' and am forced to use the antiquated system, now obsolete, which does not allow me to shower, as there is not sufficient pressure in the bathroom. It is very expensive to run, as the system uses a storage tank, is very eco-unfriendly, and, in 2016, not fit for it's purpose.
I have written to the landlords; Genesis Housing Association. They have completely ignored me.
The upstairs flat system was changed well over five years ago !
Will you please tell me what are my legal rights are in this respect, and/or give me the name of a solicitor who specialises in such issues if that is appropriate ? -
Thank you -
Anthony Hudson (###) ###-####2101
Submitted: 7 months ago.
Category: Law
Expert:  LondonlawyerJ replied 7 months ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. Under S11 Landlord & Tenant Act 1985 The landlord has the following duties implied into all contracts. (a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water. It is sub-paragraph (c) that really matters here. To the extent that the system s not working properly through disrepair and lack of maintenance you will have a legal right to compensation and possibly to an order for specific performance to repair the system. To the extent that this is an old fashioned system functioning as it is meant to, albeit not to modern standards then you, will not have a cause of action. The Act covers disrepair but no design issues. If there is anything in your written tenancy agreement extending rights beyond the statutory rights then this could asisst and perhaps the Association has policies on environmental issues, regular reviews and updates on heating systems or they may have policies regarding disabled tenants. It sounds like your system has become defective through decay over time which would be a disrepair issue and therefore actionable. In terms of finding a solicitor you can try this link to find details of some firms who do Housing Law http://www.hlpa.org.uk/cms/

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