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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My daughter has rented a relatively new flat in Camden, London,

Customer Question

My daughter has rented a relatively new flat in Camden, London, with 2 friends of hers. Since the cold weather started the temperature in her room is getting very low because one of the walls is actually a window and badly isolated. She has a functioning heating system but still the temperature falls down. She has asked the landlord (an agency) to do something about the problem but they seem not to react. WHat can she do? I think you are supposed to have a decently isolated habitation nowadays.
Submitted: 3 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi

 

Thanks for your question.

 

The landlord is under an obligation to keep the structure and exterior of the property in repair. If the window is in disrepair because it is not adequately insulated then you can ask that it is repaired. If however it is as well fitted and insulated as it possibly could be then you will not be able to insist on repair because the property would have been let to your daughter on this basis and she was aware of it.

 

 

If the window is inadequately insulated she should formally write to the landlord (copying in the agent) specifying the disrepair, making a list of the reasonable repair required and ask that he make those repairs within a reasonable time (eg. 14 days). State that if the landlord does not make the repair within that time she will pay to have the repairs made and will seek to claim the expense from him and are prepared to make an application to court if necessary.

 

 

If the landlord does not make the repair you can pay to have it done and then write formally to him requesting the payment of the cost, again within a reasonable time). If he does not pay you can issue a claim for the money yourself through Her Majesty Courts Service's online service: http://www.moneyclaim.gov.uk/. Write to them first asking for the money and stating that you will issue a claim if it is not received.


Its pretty cheap and straightforward to use.

 

Open a file, send letters by registered post, keep copies of everything for use in any claim you may choose to issue at a later date.

 

Again though it does depend on whether the window is in repair or not, if the low temperature is simply because that's what happens with properly fitted windows of that type then she will probably not be able to insist the landlord makes remedial works.

 

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6044
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello Tom

and thank you for the prompt answer which clearly stated what could be done in this case. I started to wonder, however, when you referred in your answer to the possibility for not being able to ask reparation when the window installation is "as well fitted and insulated as it possible could be", who would be the right person to evaluate the quality of installation - the landlord or eventually an expert? The landlord certainly may object of any experts being involved...

Best regards

Riitta Roto

Expert:  Thomas replied 3 years ago.
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