4. Defective housing and heating systems
A full discussion of legal remedies for defective housing is outside the scope of this book. However, defective heating systems and appliances, structural disrepair, use of poor materials, and inadequate insulation and draught proofing can all contribute to high heating bills. Tackling these problems can be expensive and is rarely a tenant’s responsibility. This section looks briefly at the legal remedies available to a tenant: repairing obligations (see here), negligence (see here), premises prejudicial to health (see here) and other local authority powers (see here). There are also regulations covering the maintenance of gas appliances by landlords (see here). There are different forms of action which can be taken against a landlord, but the purpose is always to get work carried out and/or to get compensation. Good records are important evidence and can make a big difference to the level of any compensation. Keep proper records (and take photographs) of what is in disrepair and, for instance, note:
•when the problems started;
•when your landlord was first told of the disrepair;
•all other occasions on which your landlord has been told about the disrepair;
•what has been done, if anything, to put things right.
If you incur extra expenses (eg, to keep warm, eat out or for replacement heaters), make notes and keep receipts. If heating bills are higher than normal, also keep these. The sums can be recoverable.
Always inform your landlord in writing (by post or email) of the problem as soon as possible. If your landlord has a complaints procedure, you should use this. Keep a copy of the correspondence you send with details of the disrepair. If the landlord does not act, you should inform your local council.
Protection under the Deregulation Act 2015
The Deregulation Act 2015 protects tenants in England and Wales against unfair eviction.1ss33-34 DA 2015 Where your landlord fails to address a genuine complaint you have made about the property’s condition, and the complaint has been verified by a local authority inspection, your landlord cannot evict you using the ‘no fault’ eviction procedure known a section 21 eviction.2s21 HA 1988 A ‘no fault’ eviction is one where you do not have to have done anything wrong. After you have served a repair notice, if the landlord serves a section 21 notice in response, the section 21 notice is deemed to be invalid. The landlord is also required to ensure that the repairs are completed, and you may also have a counter claim for damages arising from the failure to undertake repairs.