Landlord tells family central heating is ‘not in the contract’

A family who have been living in a one-bedroom flat on West Street off Old Market without central heating for over four years say they feel stuck in their sub-standard rented accommodation.

Alexandra Hernandez and Freddy Palacios, who live in the flat with their son, say they are now at “breaking point” after their landlord has refused to carry out adequate repairs and does not allow them to use the central heating, even in the winter.

They say they recognise that the flat is too small and not suitable for their four-year-old son, who was diagnosed with autism last year. They are desperately trying to find new accommodation, but with the huge waiting list for social housing and the minimum income requirements that private landlords demand, they are finding it “almost impossible”.

“This place is not suitable for a child, especially one with additional needs,” says Alexandra. “It really broke my heart to see how my son changed over the first lockdown. I saw the progress he had made over his speech reversed; he has become extremely irritable and constantly wakes up at night. I know that my stress from this constant struggle and negative energy is impacting his behaviour. It’s no surprise as we are basically trapped in a shoebox.

“My husband works full-time at a hotel and I was working part-time alongside caring for my son before the lockdown, but all the agencies refused us when we looked for new rented accommodation because our income is too low.

“I am beginning to really suffer with mental health problems for the first time in my life.”

The family have to use a torch in the bathroom as a leak in the celling has caused the bathroom light to cut out. Photo by Yvonne Deeney

When Alexandra moved into the flat over four years ago when she was pregnant, the electricity was not working so she had to use an extension lead. She still finds that she cannot use the oven at the same time as the washing machine or shower as it causes the electricity to cut out. A leak in the bathroom ceiling, which causes the bathroom light to cut out, has made her scared to use the electric shower. She currently uses buckets of water to wash herself and her son.

The leak in the bathroom has been ongoing for the last month – but leaks are nothing new. A tour around the flat shows several patches in the ceiling that have been repaired after water began coming into the living room and bedroom. Alexandra says it took three-and-a-half years of complaining for the landlord to fix the leak in her child’s bedroom, which they did only after she showed them that the ceiling was ready to cave in.

“A lot of these leaks could easily come back because the landlord does not pay for a professional to fix the roof,” Alexandra says. “You can see there are already cracks in the living room ceiling. He gets one of his employees, who is not professionally trained, to sweep away the water and put a bit of plaster over the hole. I don’t believe he will pay for the roofing company as we have been asking him to sort this out for more than four years.

“It is freezing here in the winter because the landlord controls the central heating and only turns it on when he is using his shop downstairs. We only have windows in one room and the building blocks any view. We get some light from the rectangle gaps in the ceiling (skylights), but they also let in a lot of cold air.”

The bathroom leak has been occurring for almost a month. A previous leak in the ceiling, in their child’s bedroom, wasn’t fixed for over three years. Photo by Alexandra Fernandez

In an email exchange in 2018 between Freddy Palacios and their landlord, Aziz Bayat, Freddy asked why they have no heating in the winter while living in the property with a baby. Mr Bayat replied: “Sorry the heating is for our own business and not for the tenants.”

Mr Bayat assured them that renovation work was planned to “separate the radiators” – “that way each tenant is responsible for their own bill. If you feel you need more heating, you can use an electric heater anyway”. This work was never carried out, leaving the family without access to the central heating.

Mr Bayat, who runs Azzta Computers below the seven flats that he rents out, told Bristol24/7: “Central heating is not in the contract. It is up to the tenants to provide their own electric heating. I have contacted a roofing company for a quote, and it is expensive.

“All they ever do is complain and I have been good to them, I have not put up their rent. I want them to find somewhere else, the flat is not suitable for them.”

Contrary to Mr Bayat’s claim, the family’s rental agreement, seen by Bristol24/7, states that the landlord is responsible for providing tenants with heating and hot water.

The family are currently working with Bristol Law Centre to legally challenge Mr Bayat for damage caused to them.

Bristol City Council, who allocate social housing through their Home Choice Bristol bidding system, have not yet responded to a request to be interviewed for this story.

Main image by Yvonne Deeney

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