landlord

[dpsservices]

i have a friend who is living in a sublet. the problem is she has no central heating and the landlord wont do nothing about it. she cant with hold payment as it goes straight to him, is there someone above him i can call who will force the repairs cheers in advance david

 

[MisterG]

Hi

When you say sublet, do you mean they are renting a flat from someone who is in turn renting from the flat's owner?

In which case by landlord do you mean the flat owner or the person they are effectively renting from.

This scenario could be a nightmare if the original tenancy agreement does not allow subletting.

The reason I ask is subletting can also mean the owner of the flat, who is not the freeholder, renting his flat, in which case he may need approval from the freeholder.

When you say the rent is paid directly to the landlord, by whom? Can she not ask whoever is paying the rent to intervene?

 

[Whitespirit66]

Get her to change her landlord.

Untitled

• Whitespirit66
• 28 Nov 2010
• 1

 

[dpsservices]

House is bought and rented out so she cant change her landlord lol as he owns the house. Hope that makes it clearer.

Council pay the landlord i.e house owner direct. sorry for the confusion

 

[MisterG]

Did the council sign the tenancy agreement?

In any event as they are paying she should contact them to see if they can exert pressure ,or maybe even fix it and bill the landlord.

 

[Whitespirit66]

I meant change her landlord, AND her house. Ie. move house.

 

[wreckedit]

Somebody will have a rental agreement and should state that the L/L is responsible for the correct maintenance of the central heating as it is their property.
At the time of the signing when the central heating was working then that is how it should be for the duration of the tenancy. However, if its not your tenancy you are talking about but the one you are subletting from then its for them to tell the L/L. If your 'friend' who is subletting to you is on benefits then they are doing something illegal and if you know about it you are aiding and abetting. Very serious problem this.
You could get a message to the L/L to state that if the heating is not fixed and water pipes freeze you cannot be held responsible.
It may only be a small thing to fix the heating so get a quote and advise the L/L. If he still refuses I do believe a tenant has the right to call in for repairs to be done at their expense. Check this out.

 

[MisterG]

Hi

One other thing, if it's broken down and he won't fix it, you'll probably find he hasn't had it serviced or tested. CH in rented properties have to be tested annually by law, so he may be breaking the law.

 

[dpsservices]

Hi

One other thing, if it's broken down and he won't fix it, you'll probably find he hasn't had it serviced or tested. CH in rented properties have to be tested annually by law, so he may be breaking the law.

so who do i report him too

 

[MisterG]

It will be the local authority (council), not sure which department though, but the one paying the rent is a starting point. But check if it has been inspected, he should have left a certificate with the tenant.

When was it first rented? I would have have thought the council would check these things before paying the rent

 

[wreckedit]

As stated
When letting a property by law the L/L should get the C/H Landlords/Gas Safety Certificate and usually its serviced at the same time. The premises should also have an Energy Performance Certificate. If the L/L leaves electrical items in the premises these have to be tested as well.

I would suggest that you advise the L/L to get these items done straight away because they are breaking the law and putting your safety at risk.
If you like living there do not compromise with L/L get these done now. You will be doing them and you a favour.

The local council are the ones to see if they are not done.

The financial cost is very,very small to get those things done.

 

[^woody^]

Is this no central heating or no [working] central heating?

A landlord has responsibility to maintain any installed heating system, but no responsibility to install one if none is there already

If any installed heating is not working, then complain the the councils environmental health dept. This would be a Statutory Nuisance, and the landlord will be obligated to fix the problem within 21 days or face prosecution in the magistrates court.

Then see a Solicitor to make a disrepair claim under the L&T Act - this will get compensation for costs of alternate heating and diminished value of the tenancy.

Keep records of extra costs, and contact dates with landlord if making a claim for compensation

 

[dpsservices]

thanks woody have passed on your advice to lady friend.

she has central heating system install just not working, also has pigeons in the loft that said landlord is not interested about so yr information is most helpful thanks again

 

[zedhead]

thanks woody have passed on your advice to lady friend.

she has central heating system install just not working, also has pigeons in the loft that said landlord is not interested about so yr information is most helpful thanks again

Sorry to add more concern but the pigeons in the loft may be a worse problem than you think, Pigeon mites are not nice, they live and breed in pigeon poo (I think) and eventually crawl into the rooms below. Speak to environmental health and ask for advice.

Baza

 

[^woody^]

Again, pigeons in loft would be covered covered under Statutory Nuisance (due to their droppings) so can be lumped in one claim