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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 13618
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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The landlady of my son's student house is unable to repair

Customer Question

The landlady of my son's student house is unable to repair the heating system. The issue was first raised on 09/11 and since then they have had no hot water or heating. The landlady cannot get the required part from Sweden any quicker with an unknown fix date. What is her responsibilities and what compensation can be claimed?
Assistant: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I'm in the UK and I haven't spoken to a lawyer to date. I know that she is in breach of contract but would like advice on the compensation and alternative accommodation possibilities.
Assistant: What steps have you taken so far?
Customer: The issue has been raised to her on 09/11 and again yesterday.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: How does this service work?
Submitted: 5 days ago.
Category: Law
Expert:  chatham-chamber replied 5 days ago.

Hi,

Thank you for your query. Has the landlady provided alternative facilities, such as heaters and electric showers and an alternative hot water source?

Have you informed the local council?

Customer: replied 5 days ago.
No alternatives have been provided. We have not contacted the council.
Customer: replied 5 days ago.
This was the message sent yesterday -



On 09/11/19 we notified you via text that the central heating system at 34 Oak Tree Drive had failed and that we had no heating and no hot water.



Since this notification there has been no action from yourself other then to relay that the required part will not be available for dispatch from Sweden until January 2020.



This is not acceptable.



A total loss of hot water is always considered an emergency and in Winter, a lack of heating could be life threatening, and if your landlord fails to fix the problem after 48 hours of it being reported to them, they could be guilty of causing a major health hazard to the tenants.



This is potentially a breach of contract in two areas - inadequate servicing of the central heating system leading to disrepair and hazard to the tenants due to loss of heating and hot water.



Under UK Law we should not experience loss of heating during Winter for more than 24 hours,



We need you to take immediate measures to resolve these issues.



This text will also be sent to your email contact address for future reference and to help ensure it is acted upon immediately.
Expert:  chatham-chamber replied 5 days ago.

Hi,

If no alternatives have been provided, your son and the other tenants should be entitled to a rent abatement.

I would suggest that they contact the licensing department and the environmental health departments of your local council in the morning and file formal complaint.

The council has an obligation to ensure that the properties provided by landlords meet certain standards.

They would investigate and take appropriate action.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 5 days ago.
What would a rent abatement be? They pay £2150 per month. Would this be a pro rata refund for days since the property was not fit for rent? Does the landlady have an obligation to provide alternative accommodation?
Expert:  chatham-chamber replied 5 days ago.

Hi,

If the property is uninhabitable, the landlord has an obligation tobre-house them or they can terminate their agreement.

The amount of the abatement would.be calculated from the time the heating system stopped functioning.

I hope this answers your questions. If so, kindly rate the answer and provide feedback. if you have any further questions, please do not hesitate to ask.

many thanks