Cold compensation
Question
I am a student and live in a house which is managed on behalf of the landlord by a letting agency. Since our contract began in September, we have had endless problems with the house, ranging from doors not shutting properly to a temperamental shower.
The problem of greatest concern is to do with the heating system - it is temperamental and has to be constantly turned back on after turning itself off. As our house does not have double glazing either, the place becomes very cold.
The agency has agreed that the system is outdated and should be upgraded, but so far nothing has happened. We regularly complain about the heating problem and other issues, and are becoming increasingly annoyed that problems aren't getting resolved. Do we have a right to claim compensation? If so, how do we go about getting it?
Answer
In order to take action against your landlord you'd need to prove that he hasn't carried out his repairing responsibilities. Landlords are normally responsible for carrying out repairs to appliances that provide heating and hot water. The law says they must take reasonable steps to put things right within a realistic period of time. If you went to court, the court would decide what is reasonable.
If you were claiming compensation of less than £1000, you could use the small claims court. You can find out more and download relevant forms on the website of Her Majesty's Courts Service. Small claims court procedures are designed to be straightforward and you wouldn't usually need the services of a solicitor. However, it may be worth getting further information and help from a local advice service to prepare your case. If your claim is for more than £1000, you should get legal advice because you won't be able to use the small claims court.
It's not possible to say how likely you are to succeed. You need to bear in mind that court action can be time-consuming and expensive. However, if you do go to court it will be helpful if you save all the relevant paperwork.
If you're thinking about court action it's important to find out how easily you can be evicted and take this into consideration. As you rent privately and your landlord doesn't live with you, it's likely you have an assured shorthold tenancy. Assured shorthold tenants can usually be evicted quite easily, and the landlord may not have to give a reason.
If you threaten your landlord with court action, he may decide to evict you. Therefore it would be wise to weigh up the need for compensation against the possible risk of losing your home.
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