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SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 3889
Experience:  Director and Principal Solicitor. UK
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I rent a 2 year bedroom flat. Almost 2 months the underfloor

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Hello. My name is Rufina. I rent a 2 year bedroom flat. Almost 2 months the underfloor heating is broken in master bedroom
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Yes. the landlord have sent an engineer several times but it is broken at all. He provided me with fan heater which is not safe for permanent using. And refuses to provide me with the oil heater
Assistant: Where is the flat located?
Customer: Se77aa
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Which lawyer

Hi thank you for your enquiry and your patience. Is the flat provided to you under your tenancy agreement as including the underfloor heating?

Customer: replied 7 months ago.
Sorry there was an error at the start. I rent it from the August 2019. Yes the property was going as fully underfloor heating. It works fine in the living room. But in the master bedroom it was 11 degrees in cold days. According to the contract Landlord The landlord provide me with the electric fun heaters. But it is unsafe and doesn't help me to warm the room for the long period. Surely I don't want to him repair the underfloor heating at the moment. But I really need a good oil heater and landlord refuse to buy it. Thank you

Hi thank you for the further information. If the tenancy provides that the undefloor heating comes as part of the agreement then he ought to fix it. However where you are ok with an alternative then yes you can insist on heating that will give you equivalent level of comfort and heating to the undefloor heating. You should send a stern letter to the landlord, warning them that the heating they are providing nowhere meets the level of heating you were receiving from the undefloor heating and that they are in breach of your tenancy agreement. you could insist on the underfloor heating being fixed but you have been reasonable to accept an alternative and as such should they not provide th oil heater you will look to take legal action and you are entitled to treat the contract as at an end and to leave. You just have to ve very firm with them. I hope this is useful and I would be grateful for your rating at your earliest convenience by clicking on the row of stars at the top on your screen before logging off. All the best

Customer: replied 7 months ago.
Dear Solicitor, thank you for your answer. It is very helpful. Our tenancy agreement is for the 11 month long from August 2019-July 2020. There are 2 payments in total. The first one is for the 6 months and the second is for the 5 following months . The second payment is due till 18th of December. Could you please kindly advise if there is one part of the agreement which landlord doesn't manage with is it possible for me to make my second payment later or do it per one month instead of 5 in a time?
Thank you.

Hi, you question is not very clear. What you are saying to them is that they have breached the terms of the contract and you are entitled to treat it as at an end and if they do not provide the heater before the next rent payment date you are not going to pay the rent.

Customer: replied 7 months ago.
Thank you for your kind advice. To firm up let me summarise. My tenancy agreement is just for 11 months from August 2019-July2020. There are two rental payments. The first payment for the first 6 months has been made in August. The second payment for the rest 5 months is due to be pay by 18th December. From October there is no proper heating in the master bedroom. Landlord sent the engineer but it doesn't work either. The landlord supply me with the fan heater which is not great for the permanent heating. The landlord refused to supply me with the oil heater. According to the tenancy agreement the Landlord "has to keep and repair the proper working order the installations for the space heating." So do you advise me not to pay my next rent until everything won't be clear with the heating in the house?
Thanks a lot.
Rufina Nuryyeva
Customer: replied 7 months ago.
I can't stop our agreement as it won't be possible for me to rent any property for 5 months.

You should tell your landlord that they have breached the tenancy and they are not remedying it so you are withholding the rent. They may however look to evict you as a result of non-payment of rent but if that happens you can defend the eviction on the grounds the eviction is in retaliation/response to your complaints about the breach and failure to repair the heating

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