Families are getting set to crank up the heating again as another wintery blast forecasted by the Met Office for early next week means March 2023 could potentially end up being the coldest on record.
In the middle of a cold snap, it’s never much fun if your boiler stops working. It can mean no heating and no hot water for a few days before you can get an engineer to fix it. But if you live in a rented property, is it your responsibility to sort this out or should your landlord organise the repairs?
The laws around your rights and responsibilities for your heating are covered in the Landlord and Tenant Act (1985), which states that a landlord is responsible for keeping in repair and proper working order the installation in the dwelling for space heating and heating water. The landlord’s responsibilities include:
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- Getting the boiler serviced annually by a specialist
- Paying for maintenance and repairs of a boiler, as tenants have the right to heating and hot water when living in the rented property
- Ensuring that the heating system is operating properly to keep the property warm during the winter months
- Checking that the radiators have been bled before the start of the new tenancy
- Ensuring that the plumbing is working and hot water is delivered to all areas of the property that require it (bathrooms, kitchen, etc.)
But while it is the landlord’s responsibility to make sure that the heating system is in working order, the tenant also has some responsibilities towards the property’s heating and boiler:
Reporting any issues in a timely manner to the landlord
Knowing how to use a boiler in the right way: for instance, the temperature cannot be held under 12 degrees as the pipes would risk bursting
Taking care of simple maintenance, like re-pressuring the boiler.
It's important to speak to your landlord or letting agent as soon as anything goes wrong with your boiler. They might want to come round to check the problem or they might be happy just to send over an engineer to get it fixed. Under Section 11 of the Landlord and Tenant Act 1985, you have the right to expect your landlord to carry out repairs in a ‘reasonable time’. There is no specific timescale to what counts as 'reasonable', although a broken boiler should be fixed sooner than a leaky tap, especially in winter.
Although organisations such as The Big Issue and Shelter suggest 24 hours might be a reasonable timescale, remember that landlords have the same issues around booking boiler engineers and sourcing parts as homeowners, so although it is reasonable to expect your landlord to address the problem in 24 hours, it may take longer to carry out the repairs needed. However, it is reasonable to expect your landlord to provide temporary heating, such as plug-in heaters, while you are without central heating.
According to boiler experts BOXT, 45% of private renters were victims of illegal acts by their landlord or letting agency in 2021, with almost two million of them reporting safety issues with the property. Andy Kerr, of BOXT, said: "With data showing that 10,500 rogue landlords are making life miserable for renters in dangerous sub-standard homes, it is of utmost importance to know what to do when you’re experiencing issues with your property.”
But although you do have rights when it comes to getting your boiler fixed by your landlord, you can't take the law into your own hands when it isn't happening as quickly as you might like. According to Citizens Advice, withholding rent until the repairs are done is very risky. Its website says:
"You don't have the right to withhold rent because of your landlord's failure to do repairs. If you withhold rent, your landlord may start possession proceedings against you and put you at risk of eviction. Even though withholding rent is not recommended, if you decide that you want to do it anyway, then you should keep the money in a separate bank account. This way, if your landlord did start possession proceedings, you'd have the money to pay off the arrears straightaway. However, in some cases, your landlord could still evict you even if you didn't have any arrears.
"You have a right to do the repairs and to recover the cost from future rent if your landlord has failed to do repairs that they're responsible for. Using rent to pay for repairs is risky and you must follow a specific procedure otherwise you put yourself at risk of eviction."
What can you do if your landlord is refusing to fix your boiler?
Step 1: Keep records and evidence of the repair problem. This can help if you take further action.
Step 2: Write to your landlord again by email or letter or letter so you have a record of it. Remind them of their responsibility to do repairs and suggest dates and times when the repair could be done. Give your landlord a reasonable deadline to respond to your letter.
Step 3: Complain to the letting agent and escalate your complaint to the letting agent's redress scheme if you're not happy with their response.
Step 4: Contact the council's private renting team. The council's private renting team can help get your landlord to do the repairs and refer you for a home visit or inspection from the environmental health team if the problem is serious. Housing charity Shelter suggests asking your local councillor to contact the private renting team on your behalf if you’re having trouble getting the council to do an inspection.
Step 5: Ask your landlord if you can arrange the repairs yourself and deduct the costs from your rent. Get it in writing if they agree.
Step 6: You can take your landlord to court if they won't deal with repairs in your home, but you should only consider legal action as a last resort. If you do take legal action, the court can order your landlord to carry out the repair work and pay you compensation.
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