Landlord refusing compensation?
Hi everyone,
Please can we have some advice.
Me and my partner are renting a flat through an agency (JNP) and moved into our flat on 14/05/19. Since we have moved in we have had no hot water. We reported this to the agency and on 3 occasions we have had 3 different plumbers attempt to fix the boiler with no luck. With the last plumber coming to visit he advised we would need to have a new boiler fitted.
Our landlord then decided to get a second opinion through his uncle who also advised that a new boiler is needed.
Despite being told this by the plumber his uncle, the landlord wanted to delay getting a new boiler fitted until 02/07/19, when he returns back from his holiday. Of course we did not agree with this and asked for the boiler to be fitted asap. The landlords uncle got involved and a new boiler finally got fitted on 24/06/19.
We have spent 42 days without hot water. We have also had to take time off work for this. We have asked for compensation and the reply we received was that the landlord is not prepared to offer any compensation.
Please can any offer any advise on what we should do. So far the only advice we have been given by our agency is take it to court.
回答 (7)
The agency is right. If you are insisting on compensation, the recourse is to sue. There was other recourse along the way. You could have moved out temporarily and not paid your rent but put that money toward a hotel/motel. If you chose not to, that was your choice.
參考: Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
Does the agency have a social media presence? If you let them know you intended to post about your experience, they may offer recompense. You should check with local laws about how you handle this, so it doesn't amount to exhortion, but there should be a way to do it without being libel (or equivalent), if you just inform them that you are considering posting truthful and accurate details of the difficulties you experienced so soon upon assuming a lease. I would make sure you inform someone in PR or customer relations.
I don't know what the laws are in the UK. In the US, if you took it to court, you would need to show some financial cost to you because of the lack of hot water- paying to take showers elsewhere, or taking your laundry to a laudromat, for example. Being without instant hot water is not going to be considered serious enough for "pain and suffering" damages. If you lost money from taking time off work to deal with the plumbers, you could ask for that. It would certainly be a better business practice for your landlord to offer some compensation. You could, for example, ask the agency that referred you to him to tell him that they will probably not send any more renters his ways if he treats his renters badly.
The only way I can see that you can force him to pay you anything is to take him to court but I don't even think you'll win much of a judgement, if anything. The situation was understandably annoying but its not clear you lost any money from it, your health wasn't effected, I'm not even sure by law the landlord was required to provide you with hot water (maybe he was - I just don't know the law in the UK).
I suggest you just forget the whole thing. Annoying situation and if it were me I'd have given you a weeks free rent or something (the relatively minor cost would probably more than make up for the good will) but its fixed now and not worth bothering over any further.
UK: The agency is correct you woul need to sue if you are after compensation. however if you have an electric shower and a kettle then you have not been without hot water so you would lose in court
Why did you need to take off time for this?
If they aren't willing to offer any compensation, your only remedy is court...for no hot water...expect something in the range of 5% of the lease amount for one month as compensation...which is being generous to be honest.
收錄日期: 2021-04-24 07:35:12
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