tenants rights

[londongirl]

I lived in a rented property, and over a week ago the heating packed up. At this time we contacted the person who looks after the house (the owners live in australia), she told us that she was going on holiday and couldn't do anything about it. At that time we weren't to worried, as at least we had warm water....that was until last friday, when that also decided to stop. When she arrived back yesterday, she sent round a 'plumber', he's clearly not qualified as I know more about plumbing than he does (and thats really saying something). He decided he couldn't do anything and said he'd be back in a few days, as this clearly isn't good enough, we managed to get hold of another plumber the same night and he told us that the whole system needed replacing. The landlords have agreed to this luckily, but unfortunately he can't start the work until Monday.

My question is, where do I stand as a tenant? It has now been a week without heat, I haven't been able to have a shower since friday! So as you can see, I'm getting pretty desperate. Do the landlords have a responsibility to provide us with these facilities elsewhere? I'm even considering staying in a hotel until the work has been done, as I have no family local to me. Obviously I would want the landlords to pay for this, but I don't want to put myself in any danger of being evicted! I've already had to buy several heaters for my bedroom, and I still sit there shivering :(

[gammaray]

Your landlord or their managing agent are in breach of contract. You can sue them for the stress and inconvenience they have caused. Going off on Holiday is no excuse and in my view would warrant a warning shot from a solicitor to remind them of your rights as tennants. You are in no danger of being evicted but get professional advise as soon as you can. With the backing of a solicitor the landlord or their agents will be less likely to act rashly.

[brachiopod]

Before you start issuing summonses, suing for stress and inconvenience etc. etc., bear in mind that things can, and do, break down, and thus your landlord is not in breach of contract purely because it does.

By gammaray's reasoning, that would be instant grounds for suing, apparently.

However, though a landlord is bound by contract, he (or she etc.), or his (or her) agent, is allowed a "reasonable" time in which to rectify / make good repairs etc. in the event of a breakdown / failure.

What constitutes "reasonable" is one of those things that you can find out in court after a lot of time and expense.

Trying to be objective here;

On their 'plus' side; The landlord's agent appears to have sent round a 'plumber' as soon as they returned, and although this resulted in you calling out your own plumber, you do say that the landlords have concurred with your plumber's findings that the whole system needs replacing, and have agreed to do this.

On the "in-between" side - when did you let the landlord's agent know that the heating had packed up? If it was 5.30 on Friday afternoon, you could understand why they didn't do anything if they'd booked a holiday leaving that evening !! If it was three weeks before, then I'd understand your frustration.
Did you see the property before starting to rent? Was it pointed out that the heating was 'old but functional'? Was the property poorly decorated or old fashioned? Then it may be inferred that you accepted that the house was "in need of modernisation" before letting it, and hence that the heating system could similarly be old.

[cont....]

[brachiopod]

On the 'negative' side (in terms of your landlord's behaviour) - what sort of 'state of repair' was the heating system in?

(Remember - heating systems can break down whether you rent or own the property - it doesn't matter if you haven't showered for a week, no court is going to award damages just for the fact it 'broke down', unless it was gross negligence.)
Were you told at any point that it was "newly installed"?
Are there any (other) gas appliances in the property, and do they have a current annual safety inspection certificate?
Is any other (mechanical/electrical) device in a poor state of repair? (Just being 'old-fashioned' doesn't count).
Does all soft-furniture (if supplied by the landlord) conform to safety standards?
All these things can help build up a picture of the state of repair and attitude of the landlord.

On the whole, it sounds like you're a bit miffed that you've spent so many days without hot water / CH, but that the landlord's agent, (although a little slow), has at least agreed to do something about it.

I'm sure you can sort something reasonable out between you (ie not involving hotels), like a reduced rent for the duration (not rent-free I would emphasise), or re-imbursement for the cost of the heaters - because you wouldn't get much else if you went to the time and effort of going to court, I assure you!

[gammaray]

Brachiopod, The breach of contract is not because things broke down but that the managing agent did nothing about it, or had sufficient provision for such an emergency. I'm sure londongirl realises this! If landlords take the P**s they should be warned about their behavoir. Pussy footing around them because they hold the fear of eviction over the tennants head is totally the wrong thing to do. Tennats have rights! Sadly not many tennants know just how far those rights extend, which is why so many landlords act as they do.

[londongirl]

Thanks to both of you for your suggestions, Brachiopod, the house is only about 10 years old, so I never questioned the state of the plumbing. We had a problem with it in the summer where it just wouldn't turn off, at this time the same plumber came round and appeared to make the whole problem worse and it took him several weeks to get it to work again. And all was well up until last week....we have found (by calling in our own plumber) that it is the landlords duty to get gas appliances checked yearly, and they haven't done this. It is highly unlikely that I would have taken them to court over this, but I will put it to them that they should make some sort of reduction in rent.
I don't feel its the actual landlords fault that this occured, rather the lady who looks after the place. She does tend to make excuses a lot, and as we have no contact with the owners it can make getting problems like this difficult to deal with.
I'm happy to say that the hot water is back on, no heating as of yet, but that is getting sorted at the weekend.