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Hot water and Heating Compensation
31-08-2012, 01:47 PM
Post: #1
Hot water and Heating Compensation
Hi,
I am private tenant living in rented flat. I had my short term lease starting Dec 2011. Since december there was no heat and hot water in the aprtment. I sent many reminder to landlord but he did seem bit intrested in fixing anything. After 2 months, in march 4th, I sent him communication regarding moving out due to these issue and his failure to address the same. He came in couple of days without any information in my absense. My family (Wife and children) were at home.
Now, he emailed me that it was my fault that I didn't turned on few switches .
Meanwhile, I had already given advance deposit to new place where I was plannig to shift. I went ahead with my move.
He has claimed my full deposit as rent due to lease break and now filed a case for damages repair against me.
What are my options here? Can I sue him for unavailability of essential utilities.
Also, he topup deposit from advance rent cheque against written agreement. Written agrement stated for 1 month deposit but he topped up for 2 stating that flat was untidy.

Replies made by this user are opinions only, this user does not have legal qualifications to answer tenancy questions.

01-09-2012, 10:58 AM
Post: #2
RE: Hot water and Heating Compensation
(31-08-2012 01:47 PM)shadysingh Wrote:  Hi,
I am private tenant living in rented flat. I had my short term lease starting Dec 2011. Since december there was no heat and hot water in the aprtment. I sent many reminder to landlord but he did seem bit intrested in fixing anything. After 2 months, in march 4th, I sent him communication regarding moving out due to these issue and his failure to address the same. He came in couple of days without any information in my absense. My family (Wife and children) were at home.
Now, he emailed me that it was my fault that I didn't turned on few switches .
Meanwhile, I had already given advance deposit to new place where I was plannig to shift. I went ahead with my move.
He has claimed my full deposit as rent due to lease break and now filed a case for damages repair against me.
What are my options here? Can I sue him for unavailability of essential utilities.
Also, he topup deposit from advance rent cheque against written agreement. Written agrement stated for 1 month deposit but he topped up for 2 stating that flat was untidy.

Your post is not very clear, if I understand correctly though you moved out during the fixed term in which case you were responsible for the rent until the end of it.

If indeed the problem with the heating was the controls incorrectly set then it was your responsibility to familiarise yourself with them, the utilities were not 'unavailable'

What 'advance cheque'? How much? Why did he have one?

Replies made by this user are opinions only, this user does not have legal qualifications to answer tenancy questions.

Fair minded landlord. These are my opinions, if you want legal advice pay a lawyer
01-09-2012, 10:13 PM
Post: #3
RE: Hot water and Heating Compensation
Hi,
Thanks for the reply. Yes I moved out during the fixed term.But as per my understanding fixed term does not mean that you have to live or pay for full term even if th basic utilities are not available.(Sec 10, 11 of 1985 act).
Regarding the controls, Firstly the landlord entered the property without any information or permission which he is not suppose to do. Secondaly, it was boiler/electic switches fault and there is no proof that what he is says is true. Anybody can come fix something and then just state that it was some switch.After the so called fix we lost the power to electrical applicances lie shower.

Replies made by this user are opinions only, this user does not have legal qualifications to answer tenancy questions.

02-09-2012, 07:33 PM
Post: #4
RE: Hot water and Heating Compensation
I'm afraid you are wrong, you are bound by your agreement.

If there are problems then you do have a recourse in law, these may be damages or something else that will restore your position, just moving out or not paying the rent is not the way to go. Presumably you told the landlord there was a problem and he came to fix it, calling him a liar without proof is a bit silly.

Replies made by this user are opinions only, this user does not have legal qualifications to answer tenancy questions.

Fair minded landlord. These are my opinions, if you want legal advice pay a lawyer
03-09-2012, 08:31 PM
Post: #5
RE: Hot water and Heating Compensation
Hi,
I think we missed the part.I rented the apartment in Dec 14 2011. Till march landlord did not even responded to continous requested (emails, mssages) of fixing the hot water, heating and oven. Now, I cannot understand that how I am suppose to live with my family of small childrens aged 2 and 4 without essential utilities and continous paying my rent. Simple how? Tomorrow, everything will be down and since I have entered into agreement will I continue paying the rent even I take shelter somewhere ? Last thing,After Imoved, he rented the apartment in 15 days.

Replies made by this user are opinions only, this user does not have legal qualifications to answer tenancy questions.

05-09-2012, 03:48 PM
Post: #6
RE: Hot water and Heating Compensation
It really makes no difference. BUT as soon as the landlord found a new tenant then your responsibility for this property stopped, he had accepted your surrender by his actions.

Replies made by this user are opinions only, this user does not have legal qualifications to answer tenancy questions.

Fair minded landlord. These are my opinions, if you want legal advice pay a lawyer
 




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