August 27, 2024

What to Do if Your Landlord Leaves You Without Hot Water

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Tenancy is a common practice in the UK. There might be several reasons behind this, but the most common factor in the increased number of rented dwellings is the cost of residential properties. A recent survey reveals that there are around 8.6 million rented properties in England, out of which 4.6 million are privately rented residential buildings.

Hence, landlord-tenant relations are very important, especially when privately rented properties number around 4.6 million. In the UK, the prevalent law specifies landlords' and tenants' responsibilities and rights. Accordingly, landlords must provide and maintain all the necessities in the rented property, such as gas, electricity, heating, and hot water.

So, if you are a tenant and your landlord fails to ensure regular and uninterrupted hot water supply in their rented property, you have the right to ask for it. The landlord is bound to manage and restore the hot water supply in the minimum possible time.

But before initiating any such complaint, you must understand your rights and your landlord's responsibilities under the prevalent law.

Landlord and Tenant Act 1985

A comprehensive law, the Landlord and Tenant Act 1985, was promulgated on 30 October 1985 to regulate tenancy affairs in the UK. This law explicitly defines the minimum rights of tenants while residing in rented property.

The Landlord and Tenant Act 1985 applies to all short-term residential leaseholds. A lease or tenancy is classified as “short term” for less than 7 years. It may be permanent or temporary, and rent is paid weekly, monthly, or annually.

Section 11 of the Landlord and Tenant Act 1985 deals with repairing rented properties and specifies landlords' responsibilities. The law specifies the duties of the landlords as under:

  • The Landlords are required to ensure that the structure and exterior of the building are kept in good repair. The exterior includes external pipes, drains, and gutters.
  • They are responsible for keeping all the installations for gas, electricity, sanitation, and water supply in repair and perfect working condition. These installations may include sinks, basins, sanitaryware, and bathrooms. Other appliances, fittings, and fixtures used for water, gas, and electricity supply are not included.
  • The landlords are also responsible for keeping all the installations used for space heating and heating water in good repair and working condition.

While the basic structure of the Landlord and Tenant Act 1985 stays intact, various amendments have been made to it through the following laws and acts:

  • Landlord and Tenant Act 1987
  • Housing Act 1996
  • Commonhold and Leasehold Reform Act 2002
  • Localism Act 2011
  • Homes (Fitness for Human Habitation) Act 2018

So, the relevant law makes the landlord responsible for keeping the rented property in perfect condition for living while ensuring uninterrupted provision of all necessities such as gas, water, and electricity. This also implies that the landlords must ensure space heating and hot water supply, especially during the colder parts of the year.

Per the minimum acceptable standards, a landlord must maintain a minimum internal temperature of 18°C in the sleeping areas and 21°C for the living rooms, where the external temperature is -1°C. Likewise, the water should be reasonably hot, and conducive for human usage. 

What to Do if Your Landlord Leaves You Without Hot Water

Landlord Leaves You Without Hot Water

The simple answer to this essential question is that being a tenant, you should immediately notify your landlord when there is no hot water. However, you must understand the following crucial factors while lodging a formal complaint.

Common Reasons for Disruption of Hot Water Supply

  • Breakdown of the boiler due to any unexpected fault.
  • Leakage in the pipework or within the boiler.
  • The boiler turns off when the water is not heated to the desired level.
  • Blockage in the pipes or within the boiler.
  • A sudden drop in the pressure of the boiler.
  • Fault in the thermostat. 

The Frame to Fix the Problem by the Landlords

The Landlord and Tenant Act 1985 does not specify a time limit for the landlords to do necessary repair work; it only requires that the repair work be done “within a reasonable time.” The act also requires that in case of any emergency, such as disruption in the hot water supply or space heating, the landlord must initiate the repair work within 24 hours. So, keep in mind that under the provisions of the law, the landlord needs to be notified about the problem, and then you will have to wait for at least 24 hours, enabling him to take appropriate action.

Responsibilities of the Tenants

  • Tenants are responsible for carefully using the property and its installations and ensuring they are damage-free.
  • If an appliance is damaged due to negligence or careless usage by the tenant, he must pay to have it fixed.
  • Minor repair and maintenance should also be done by the tenants, themselves. 
  • In case of "no hot water,” the tenant is responsible for informing the landlord, preferably in writing.

Hence, you must understand these aspects before formally complaining about the hot water supply problem.

Formal Complaint Lodgment Process

Now that you understand the rights and the responsibilities of yours and the landlord, you can initiate the complaint, properly. Once you are convinced that the disruption in the hot water supply is persistent and not a one-time fault, you must notify the landlord.

While you can inform them verbally for an instant response, it is also advisable to send the complaint in writing, clearly and specifically mentioning the problem. Keep documentary proof of having notified the landlord, as it may be required, in case the landlord fails to get the problem fixed within the reasonable time limit.

After lodging a formal complaint, you should wait at least 24 hours, enabling the landlord to take appropriate action to resolve the issue. Ideally, the landlord should be able to fix the problem of non-supply hot water within a reasonable time. If, for any reason, he fails to do so, you have the option to proceed to the next steps.

Next Steps if the Landlord Fails to Fulfill his Responsibilities 

In case the landlord does not respond positively to your complaint about the hot water issue or otherwise he fails to fix the problem; you can proceed further:

  • Send a written reminder to the landlord, again mentioning the complete details about the problem you face with the hot water supply. Reference to the previous notice should also be made. 
  • In case, the hot water problem remains unresolved, you can inform the environmental health department of your local council about the failure of the landlord to resolve the issue. They have the authority to inspect the property and take appropriate action against the landlord if found negligent. 
  • Suppose the landlord is still unable to resolve the hot water problem. In that case, you can initiate legal proceedings against him in consultation with a qualified and professional law firm. For this purpose, you must produce all the communications, sent to the landlord along with his responses.
  • Legal action can be initiated under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018.
  • As a tenant, you also have the option to claim the compensation under the provisions of the "Claim for Housing Disrepair.” You will, however, need the services of a solicitor to claim this type of compensation.

Conclusion

Having an uninterrupted hot water supply is your right as a tenant. The landlord of your home is responsible for ensuring that you get hot water throughout the winter season without fail. But alongside your rights, you also have some obligations as a tenant. You are expected to use the property and the installed appliances relatively. 

You are also required to conduct minor repair and maintenance work in, a timely, on your own. However, if there is a significant fault in the hot water supply, it has to be notified to the landlord promptly. The landlord is expected to initiate the repair process within 24 hours.

If the issue of non-supply hot water persists for a longer time, the tenants can complain to the local council. Going further, legal action can also be initiated with the help of a law firm. The tenants can also opt to claim compensation by invoking the Claim for Housing Disrepair. In any case, your landlord cannot leave you without hot water beyond a reasonable time limit. 

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