Q&A - Landlord is demanding £250 towards a new boiler. What should I do?

Q:    I am a single mum with two young children. We rent a flat through an agent. I always pay my rent on time and keep the place clean and tidy, but when things go wrong I am kept waiting for repairs and I find his manner intimidating.

At the beginning of November, the boiler broke down and I have been without heat and hot water since. It leaked through to the flat below and the tenant there got quite nasty with me. When the agent finally got someone out they said the boiler needed replacing. Now I have been told I have got to pay £250 up front towards a new boiler. I left the flat in tears as I don’t have any money and I am staying with my gran. What should I do?

A:    One thing you must not do is refuse to pay the rent, otherwise you will be in breach of your tenancy agreement and the landlord could begin possession proceedings. Unless you have misused the boiler, the landlord has a legal obligation to ensure the property has heating and hot water at all times.

It is the landlord’s responsibility to maintain and repair the heating system, including carrying out an annual service and supplying you with a copy of the safety certificate. The Landlord and Tenant Act (1985) requires that landlords keep in good repair and working order installations that supply water, gas, electricity, and sanitation systems.

As he has failed in his legal obligations regarding heat and hot water, you may have a case to claim against your landlord for damages for disrepair. If he is deliberately withholding heating, then there may be a claim based on human rights issues. You should seek legal advice as soon as possible.

Article 14/12/2020

This question has been answered by James Denton, a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter it is still possible and we are doing everything we can to ensure that we continue to offer our high levels of service to our clients.  In accordance with government guidelines, most of our lawyers are currently working remotely which means you may not now receive a response as promptly as you may expect. Please kindly bear with us and we will respond as soon as we are able.

Where possible, we ask that you communicate with us by phone or email. If you have a new enquiry, please use the ‘Contact us’ form on the website or call Oswestry 01691 659194 or Wrexham 01978 291456. As a firm, you will appreciate that we are still extremely busy, and whilst our colleagues are well equipped to work remotely, due to current circumstances work may be interrupted – however cases are still ongoing and will be prioritised by urgency and need. Stay safe and thank you for your support.