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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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I rent a bungalow from a Housing Assocication, my boiler was

Customer Question

I rent a bungalow from a Housing Assocication, my boiler was serviced by Landlordc contractor, a few weeks latter the boiler started given trouble , I have had a succession of plumber from the same contractor that service the boiler with little success . On 15 November 2013 the boiler was condemned and since then I have had no hot water and central heating. Inspire of repeated request by me to the Landlord, the new boiler has not been installed. I have to go and buy electri heaters to heat the property which will result in high energy bill. Iam 80 years old. Please advise of my legal option. Thanks.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

When have they said they will install this?
Customer: replied 3 years ago.
They did not give me a date
Expert:  Remus2004 replied 3 years ago.
Thanks.

But how has this been left? What are they saying will happen now?
Customer: replied 3 years ago.
They have ordered a new boiler
Expert:  Remus2004 replied 3 years ago.
OK.

Is the delay then effectively that they are waiting for its delivery?

Have you tried to see if you can find one more urgently?
Customer: replied 3 years ago.
I rang the manufacturer of the boiler, they were very sympathetic. They said they have got the model no. Of the condemned boiler. If the housing Association inject urgency to their. Order, the manufacturer will act on it accordingly. I relay this fact to the HousingAssociation.
Expert:  Remus2004 replied 3 years ago.
I see whats happened here.

Obviously they are under an obligation to replace this boiler. It would appear they are making efforts to do so anyway.

The question is how long can they take over it. I do realise that its the worst time of year for your boiler to malfunction but ultimately the housing association are only under an obligation to do whats reasonable. If the boiler that they need is not available immediately then they can only order it and wait for deliver.

Your landlord, in any form, is only liable if they default upon obligations to you. So if they are not acting swiftly enough you may well have a claim against them in disrepair. If they are, but there is a delay for manufacturing reasons, then the fault is not theirs I'm afraid.

it might well be that you can show unreasonable delay here. Housing associations tend not to be the white heat of efficiency. However, you should be aware that is the test.

If you are able to get it installed faster than they can then you can always do the work and sue for the cost.

Also, you can complain to Environmental Health if they just fail to act.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.
Can I claim from the Housing Association extra charge on my energy bill which occurred by using electric heater during the absence of Central heating
Expert:  Remus2004 replied 3 years ago.
Only if they are dragging their feet.

If the delay is with the manufacturer and they cannot get this boiler any faster then the Council are not liable.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69359
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Expert:  Remus2004 replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’
Customer: replied 3 years ago.
What time limit will be deemed to be unreasonable? One of their engineer told me he will ask the Housing Assocition if they will allow him to take the boiler from the empty property two doors from mine and put it in mine as a temporary measure as the units needed are easily transferable and when the new unit comes , install it i n mine and take the other one back to the empty property . The suggestion was made over a week ago and since then I have heard nothing.
Expert:  Remus2004 replied 3 years ago.
Given this is a boiler and we are in December, they should be doing everything possible. Unless there is a secondary form of heating space or water, a boiler is critical.

How long is reasonable depends on the area and the delivery delay.

If you can do something faster than they can though then that suggests they are not acting expeditiously.

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