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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 11363
Experience:  Senior Associate Solicitor
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My property is cold. I keep calling the council and they do

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My property is cold. I keep calling the council and they do not repair it properly. I call, call and call on a wekly basis since last october.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I raised a complain with their department
JA: Where is the property located?
Customer: SE17 1RG
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They are doing work in the neighbourhood, (replacing pipes and other stuff ...) but why do they do the work in winter instead of summer?

Hello, this is Jim and I am a dual-qualified lawyer (UK & Republic of Ireland) happy to help you this evening.

Are you in a council owned property?

Customer: replied 7 months ago.
I rent from a private landlord who is the leaseholder of the apartment.

OK, the landlord is responsible for ensuring you have heating. They also have to ensure the property is in good repair under S.11 of the Landlord and Tenant Act 1985.

If they do not, they face prosecution by the local council and can be fined. It would also be breach of contract on their part and you would be within your rights to terminate the tenancy agreement.

The Local Authority Environmental Health Officers have powers under the Housing Act 2004. They have a duty to ensure that properties in their area are in a habitable condition, and will serve improvement notices on landlords of properties which are assessed, under the new Housing Health and Safety Rating System as having ‘category 1 hazards’.

If for some reason the council cannot help, you would either have the option of paying it yourself and withholding rent or to instruct a plumbing and heating engineer to come out and fix the problem and you then pursue the landlord for the money.

If the landlord does not pay or if they refuse for whatever reason, you can sue them in the county court for your losses on the money claim site (http://www.moneyclaim.gov.uk) although I recommend sending the landlord a letter before action to warn them of your intentions first and allow them 14 days to reimburse you. If they do not reimburse, you are free to issue a claim.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

JimLawyer and other Property Law Specialists are ready to help you
Customer: replied 7 months ago.
They landlord pays the council for the house maintenance. The council sends the engineer to our and fix the problem for two weeks (after sending different people). Then I call again and again and eventually they fix the problem again for ten days or so..
Customer: replied 7 months ago.
Today I called at 4:10pm and they told me It was too late to book the job (after 4pm no more bookings)
Customer: replied 7 months ago.
we will stay in a cold house for the weekend.

Thanks, ***** ***** pursue the landlord as like I say, they breach the law by not ensuring the property has adequate heating.

If you get a heating engineer out - you can withhold rent to pay for it or pursue the landlord in a small claim