Your property problems solved with Steven Sawyer MNAEA, MARLA, DipRLM, ACIB, Bsc Lettings Consultant

Q: I HAVE reported to my Landlord several times that the gas boiler is faulty, yet my complaint is falling on deaf ears so I have been advised to contact environmental health though I am concerned that my Landlord may give me notice to leave when they make contact with him, I am very worried what can I do?

A: Firstly, your Landlord has a legal duty to make sure that your gas boiler is both safe (with an annual check) and working. Should the boiler be faulty the Landlord must arrange for its repair as a matter of urgency. When the environmental office calls they will place a level one hazard as a lack of a boiler poses a risk to tenants’ health. This will be directed to your landlord with a time scale in which to get the repairs completed, or via your letting agent if your rent is paid to an agent instead. Once the order is served, if not complied with the Local authority will undertake the repairs and charge your Landlord the costs. This will at least get the boiler repaired.

However, tenants can sometimes be fearful that if they complain, their Landlord may not be happy and want to evict them by serving an S21 notice so to avoid this it is better to remain silent. This should not be a problem following the Deregulation Act 2015 though only if you had already put your complaint into writing beforehand. The act has made it unlawful for a Landlord to serve notice under so called ‘revenge eviction’. This means that landlords need to fulfil their repairing obligations. After all Landlords should want to keep their property in a good standard of repair as allowing the place to fall into disrepair, has a knock on effect when both finding fresh tenants or trying to sell the property in the future. There is also the tax advantage that repairs are a tax deductible expense, so assuming your landlord pays tax then they will receive 20 per cent off the repair costs in the form of a lower tax bill.

I have come across Landlords who get frustrated with their tenants at times who they think are making unreasonable demands. Though with our own experience this is rarely the case. Landlords’ initial reluctance to pay may be due to unforeseen repairs especially if already short of funds at the time. Though, on reflection and explanation good Landlords typically come around to our thinking.

It is often the vulnerable who can feel less likely to complain. However, if you feel you are not getting very far, and do not feel confident, you can always speak to The Citizens Advice Bureau or the Environmental Department at Stroud District Council. Take a friend along if need be to assist with both explaining your dilemma and to assist in putting your complaint into writing.

Please continue to send in your letting related questions to steven@sawyersestateagents.co.uk