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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 Landlord has failed to provide hot water for over 3 weeks.

Resolved Question:

My Landlord has failed to provide hot water for over 3 weeks. Where do I stand legally.
As per the contract he is required to provide the above serivce.

Any help would be great.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Is this a residential assured shorthold tenancy?

What has the landlord done about this?

What is your ideal outcome?

Tom
Customer: replied 1 year ago.

I essentially need to know where I stand with rent, and withholding it

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.


I generally advise against withholding rent because you can inadvertently entitle the landlord to serve a notice of eviction in certain circumstances.

You can withhold rent only provided you follow a very specific procedure and usually I would advise this as a last resort given that if you do not follow the procedure you can potentially grant you landlord the right to terminate your tenancy for non-payment of rent. This website provides information about the procedure with standard letters:-
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_social_housing/withholding_rent_over_repairs


You should formally write to the the landlord 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 you 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: www.moneyclaim.gov.uk

Its pretty cheap and straightforward to use. I always advise this way foward rather than withholding rent because of the reason outlined above (putting your continuing occupation in jeopardy).

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6400
Experience: BA (Hons), PgDip, Practising Solicitor
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