united-kingdom rental-property rent
Renting - property with no gas, heating, hot water - is it justifiable to request period of free rent?
<h2>Us:</h2>

<blockquote>
  <p>Please note that the place was not habitable - no heating, no gas - until a few weeks after tenancy started and initially there were multiple fixes / repairs - as we were the very first tenants.
  Due to these circumstances we believe it is reasonable to extend the period of rent free of charge.</p>
</blockquote>

<h2>Landlord:</h2>

<blockquote>
  <p>I am afraid no extra period can be allowed as all the initial gas etc was attended to asap.</p>
</blockquote>

<p><strong>Facts:</strong> I do not remember exactly what was the timeline. I admit the landlord acted in a timely manner but:</p>

<ul>
<li>subcontractors were sloppy, </li>
<li>didn't deliver, </li>
<li>didn't have parts, </li>
<li>need to reorder,</li>
<li>need to wait</li>
</ul>

<p>All in all it was at least 2 weeks with no gas, no heating, no hot water.</p>

<p><strong>Who is right?</strong></p>

<p>Ultimately, only a court can decide that.</p>

<p>If the landlord had not done these repairs, then <a href="https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/dealing-with-repairs/" rel="nofollow noreferrer">you could have taken him to court</a> in order to force him to do them - but even then, you would still have been required to pay your rent.</p>

<p>Obviously it was not ideal for the property to made available before it was ready. However, given that everything was done within about two weeks, it comes down to whether the landlord's actions were "reasonable". He thinks they were, and so I'm afraid only a court could decide otherwise.</p>

<p>In the meantime, you must continue to pay your rent in full.</p>

<p><strong>UPDATE:</strong> In response to OP's comment below: according to this <a href="http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7328" rel="nofollow noreferrer">parliamentary briefing paper</a>:</p>

<blockquote>
  <p>Although there is no general obligation on landlords to ensure
  properties are ‘fit for human habitation’..., local
  authorities have powers to compel landlords to tackle serious health and
  safety hazards.</p>
</blockquote>

<p>Again, since the repairs have been done, it seems unlikely that there is anything the local council could do.</p>

<p>The briefing paper also points out that:</p>

<blockquote>
  <p>The Landlord and Tenant Act 1985 sets out implied terms in a tenancy
  agreement that require landlords to let properties which are ‘fit for
  human habitation’ at commencement of and throughout a tenancy.</p>
</blockquote>

<p><strong>However:</strong></p>

<blockquote>
  <p>these implied terms only apply to homes under a certain level
  of rent, the amount of which has not been uprated from the level set
  out in the Rent Act 1957. As a result, the provisions in the 1985 Act
  only apply to those paying less than £80 annual rent in London, or less
  than £52 annual rent elsewhere, and are therefore effectively
  obsolete.</p>
</blockquote>

<p>It continues:</p>

<blockquote>
  <p>There are also some longstanding common law provisions in place
  regarding fitness for human habitation in <a href="https://www.rla.org.uk/landlord/guides/responsibilities/repairs.shtml" rel="nofollow noreferrer">furnished or newly
  constructed rental properties</a>.</p>
</blockquote>
