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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 64952
Experience:  Over 5 years in practice.
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Hi I need some advise I had no heating or hot water for a period

Resolved Question:

Hi I need some advise I had no heating or hot water for a period of 53 days from the 14 feb 2013 to the 8 April 2013 my estate agent provided me with 1 electric heater and 1 fan heater I was told the part would take 10 days to arrive but ended up waiting 8 weeks I understand they provided me with heaters but not having hot water for 7 weeks must of put them in beach of my tenancy agreement where do I stand in regards XXXXX XXXXX they have offered me 2 months gum membership, £50 and the difference in electricity costs oh and as or good will the landlord has offered me an extra £150 I feel this is unacceptable I'm a professional women and the lack of basic services for this period is unacceptable please help
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

What type of contract do you have?
Customer: replied 1 year ago.
Thank you, XXXXX XXXXX specify what contract it but i have a fixed 6 month contact
Expert:  Jo C. replied 1 year ago.
Okay.

This is an assured short hold tenancy agreement. That will mean that you do not have the right to terminate on this basis unfortunately although I'm not sure that's what you are seeking anyway.

The truth here is that you are unlikely to be able to claim for heating because they did provide you with something. I realise that it seems inadequate but they are not under an obligation to provide the best heating as long as they provide something.

In relation to water, you do have a claim for disrepair effectively. Disrepair, generally speaking, is a claim for a reduction in rent to reflect the limited use that you had from the property. If no part of the property is usable then you have a claim for 100% reduction.

That does not seem to be your position here though because you were living there. You can also claim for inconvenience which is really the essence of your argument here.

Overall, given the offer it probably would be worth claiming. You would probably get more than the sum offered.

There is always a starting point that the compensation for disrepair should not exceed the rent generally speaking. There is a case called Fakhari v Newman where the tenant received 75% of the rent but they had been without hot water for over a year and there were other complaints.

Other cases have suggested 50% is appropriate.

One thing to bear in mind though is that if you claim for more than £1000 then it will be allocated to the fast track not the small claims court which will be prohibitively expensive.

Hope this helps.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 64952
Experience: Over 5 years in practice.
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