To expect my landord to provide heating and hot water?

[Newyearbadstart]

I will attempt to be concise but include details in the hope that I don't have to drip feed later. Be kind....because it's a bit of a long story.

So- I moved with my husband and young children from an extended period overseas. Due to the Covid situation, we found a house online and agreed to rent it online. Due to the nature of assured shorthold tennacies in the UK we paid 12 months rent in advance.
We arrived and moved-in in August.

All was fine. We had a very very short handover, the owners did not even walk us around the house/property they just gave us keys and left us with an A4 file of info.

So, on December 27th we discovered unfortunately we had no heating or hot water.
This house is served by an oil fuelled burner which we had to fill in early November when the "watchman" digital alerter told us to fill it.
On discovering that the heating and hot water had failed we messaged the landlord who came out that day and inspected the system and showed us how to reset the boiler. He left feeling that everything was working but he did state that he would call for an engineer to investigate the failure.

At this point I must write that the hot water system has a back-up immersion heater installed in the event that the boiler fails.
We discovered that, as the boiler had failed, the immersion heater was not working. We messaged the landlord about this.

The engineer for the oil boiler came on the 29th and upon arrival, merely looked at the outdoor enclosure for the boiler and informed that since it was raining (drizzling) he could not and would not open the system to investigate what was wrong.

With a real need now to have, at least, hot water for our children we insisted that the landlord look at the back-up immersion that wasn't working. We stated that we believed the 13 amp fused socket was insufficient for the immersion heater and that a 20 amp was required. We sent him photos of the unit showing that the 13 amp socket had melted. He stated, in writing, that the immersion was broken and that he needed to replace the immersion heater itself as well as the socket. A plumber arrived and replaced the immersion and replaced the 13 amp socket.

The next day the hot water failed because the 13 amp socket failed and burned out. We were again left without any hot water and heating has been broken since the 27th.

We requested an emergency electrician and stated it was our belief that the 13 amp fused switch was insufficient for the load. The landlord refused our request.

We asked if we could please get an electrician to replace the 13 amp with a 20 amp and we got the reply that we had to pay for it but that the landlord would send the electrician. We agreed and the electrician attended and installed the new 20 amp switch. We paid for this and we now have hot water.

We have today received an email stating that the "damage" to the main oil burner is our fault and that the landlord will not pay for it. We must agree to pay for all repairs by return email or the repairs are not authorised to go ahead. The reason he has given is that we failed to fill the oil tank before a level that was too low to cause damage to the system.
The file of information left us did not state that if the oil level gets too low it would damage and potentially break the whole system. This is all new to us.
The level of oil, when we filled it, was below the "alert" level for the system they had installed.

We have stated that section 11 of the Landlord and Tenant act 1985 declares that tenants should not be without water or heating for more than 24 hours but the landlord replied that we are "misrepresenting the act" and that "we know it".

We are feeling very bullied and confused. We genuinely don't know if we have messed up a heating system or not, but we didn't have any information to tell us otherwise other than what was in the file. Currently we are looking at looking at a period of pre-paid tenancy with no heating at all unless we pay for repairs we really don't believe we have caused. We don't even know what damage (if any) there is to the system and what the cost of any potential repair is.

Any advice/comments/observations gratefully received. Thank you.

There are two issues here:

1. Response time. Seems fine at this time year. I wouldn't be able to get people out any faster for my own home (and couldn't when our heating broke last year).
2. You hadn't been told how to operate the heating. I would know I needed to top up the oil to get heat but I wouldn't know that not doing so would cause damage, as I've never had oil heating before. So that should have been made clear IMO.

Paying 12 months up front is quite unusual, isn't it?

How much did you put in?? If it was right down I would think 500 litres at minimum and could be well through that now.

Is your deposit protected in a scheme? You should have been provided details of this with your lease

We’ve got a 20+ years old oil boiler and we’ve accidentally ran out of oil (before we got an electronic monitor) and the boiler locked out before now, more than once! It was fine after. Locks out to protect itself.
Definitely not your fault. Your landlord is pulling a fast one.

@Newyearbadstart

Just for the sake of absolute clarity.....

We had no alert of low oil.

We actively noticed the oil was running low (but not low enough to alert).
We filled the oil tank.
Heating and water were working fine after the oil fill and for 6 weeks later until until the heating/hot water failed. It is at this point that the landlord states that we are responsible for repairs.6 weeks after the oil fill.

But you said in your first post : the level of oil, when we filled it, was below the "alert" level for the system they had installed.

Sounds to me like you’re not getting the responses you wanted and now back tracking ?

Firstly, from what you have said it does sound like he's promptly trying to deal with problems asap. With all the best will in the world, trying to get engineers or electricians on short notice isn't always possible, as he's managed to do so it implies he isn't avoiding his responsibilities, so he doesn't sound like an arse in general.
The question of whether you broke the boiler or not is a bit trickier. I'm a landlord, but with gas boilers entirely left to the professionals, so the question of whether the tenant has broken it has never arisen. I would guess though it's like any other essential repair, and the landlords responsibility to pay. And then if it is the tenants fault to recoup the cost from them.
Obviously advice from shelter would be best. But you could always email him back and agree to pay once the engineer has provided written proof your actions are solely responsible for the breakdown.

The landlord is always responsible for repairs to heating and hot water systems, if he believes you caused the damage then the onus is on him to prove this rather than you to prove you didn't. He has a legal responsibility to repair the system and for it to be safety checked.

Also if no one has actually looked at the oil burner (the engineer came and left again due to the rain), then how does the landlord know it's broken and what's wrong with it? How can you be at fault and have pay for a repair that no one has diagnosed?

From the gov.uk website:

Your landlord is always responsible for repairs to:

the property’s structure and exterior
basins, sinks, baths and other sanitary fittings including pipes and drains
heating and hot water
gas appliances, pipes, flues and ventilation
electrical wiring
any damage they cause by attempting repairs

Your responsibilities
You cannot be forced to do repairs that are your landlord’s responsibility.

The full guide is here:

www.gov.uk/private-renting/repairs

It also includes details of who to contact if your landlord is not fulfilling their responsibilities.

Your landlord is out of order. He must maintain the system so the hot water is on him. He got the first electrician and it failed again, so he needs to fix it again. If it failed again he needs to fix it again.
I've had oil tank before and was ignorant of how it worked and it ran dry. So I had to pay for someone to restart it but there was no damage. I'm surprised you went through a whole tank in a month as it's been quite mild. But regardless, you did what you were responsible for so it's on him (and what a crap engineer who wouldn't look at it because it was raining??). Did your landlord provide you with written instructions and service record?
Once it had gone over 24 hours your landlord should have provided portable heaters. It may not be the letter if the law (I don't know) but it would be the right thing to do (I let out five properties and would not dream of letting there be no hot water or heat).
Has your landlord provided you with documents about your rights etc? Where your deposit is being held? An up to date EICR? These are required by law.

All of these responses I agree with.
the key issues are these:

1. The landlord claims the "sludge in the system" is the direct result of us filling when the "oil level was too low". This is without any diagnosis or quote to repair the system. The engineer did not even lift the lid of the boiler.
2. the back-up hot-water system: we query that it ever worked at all. The landlord claimed claims that it worked, he fixed the 13a with another 13a and when the 13a failed we should pay the cost of the 20a to fit it. Interestingly, when we reported it he claimed (in writing) "it's the immersion heater". That was his unseen response, despite us writing that it (the fault) should be investigated.

Anyway....as a tenant, what rights do I have to ask for an independant professional to check the heating system? The landlord is very aggresive and threatening over email and demands that everthing goes through him.
Do I have any right to allow anybody else to view and make comment on his property, he makes us feel like this is not our right at all.

Op l am a LL and this is appalling behaviour from your LL who is undeniably responsible.

As another poster said, request urgently the ECIR ( electrical certificate) By law your LL has to have an up to date one.

See if any electrical points have to be addressed particularly in relation to the boiler wiring.If he doesn't have one he is breaking the law and could face a very hefty fine.

Contact LL in writing, quote the above Gov guidance, any relevant tenancy agreement obligations that may be stated re heating and hot water, ( tenancies can vary but the right to functioning heat and hot water is a given ) and any recommendations from the ECIR.

State that if he does not send a qualified electrician out with instructions to do ALL necessary updating and repairs, and if that does not fix the issue, a qualified plumber with same instructions within 7 working days , you will be getting legal advice, (start with Shelter)

Be very firm, and follow through with the legal advice as LL like this need to be held responsible, (the melted electrical socket could have caused a fatal fire.)
Good luck.

I have not posted on here for a long time but feel that I need to answer you. Is your landlord registered? Is your deposit protected? Has the house got the required certificates, electrical and for the boiler etc? If not contact shelter. Your landlord sounds like a bad one. Sorry you have been treated so badly, there is a lot of good decent landlords about. Ones who actually care. An why did you give 12 months rent upfront? I also think you need to be reading through your rental contract to see if he has added any clauses to it.

Your landlord is a con artist who is using the fact you don’t know how to work the system to their benefit.

Email him back stating that you have followed all instructions given and expect prompt repair or you’ll seek urgent advice.

In the meantime speak to Shelter and get precise information for your part of the UK as there are differences.

@Dragongirl10
Thank you so much for your informative and helpful response. I really appreciate it.
I have just checked the file left with us and the electrical certificate is present. It is signed and dated as 22/04/2013.
It does say "I recommend that this installation is further inspected and tested after an interval of not more than 5 years".
But this is the only certificate in the file.
Have you just helped me with something really signifiant? Would be fab if you did?

Just seen your update, any sludge in the system is a maintenance issue, thereby not your responsibility.

The immersion is his responsibility to get fixed with the correct fuse, by a qualified electrician regardless.

As a tenant you have many rights but l am not an expert in this so again please get legal advice from Shelter and/ or a solicitor specialising in tenancy law. A letter from a solicitor will be money well spent if he refuses to get the electrician and plumber in.

Don't be bullied, or be drawn into which fuse etc, you just need the system to work and he has to sort it... the law is on your side however much he tries to evade.

There's no law preventing you getting an independent professional in of your own. But you'd also be responsible for paying them, and in the event they caused any damage you'd be responsible for that.

You don't have any right to insist the landlord engages different professionals of your choosing. Of course if he employs any that aren't legally/ professionally allowed to carry out a particular repair, you are well within your rights to insist on someone suitable. You just don't get any say in which of those suitable people you'd like to do the job.

That ECIR is out of date, they have to be done every 5 years.

That is serious and gives considerable leverage, INSIST he has to send a qualified electrician out to do the new ECIR AND any recommended upgrades within a short timescale.
Be in and ask the electrician to list seperately for you what needs to be done to comply and you can force the LL to do them with the threat of reporting him. ( remember these measures are to ensure your safety ) Be clear that everything necessary is completed, and ask for a copy of the completed ECIR.

I think you are being unfair on OP. It wasn't explained very well but she clearly meant the oil level wasn't low enough to trigger the alert, e.g. alert triggers at 90% empty and the tank was only 85% empty. So "lower" than the alert level.

Your landlord is talking rubbish about the system. It wouldn’t break because oil was too low when filled and certainly not six weeks after the event. This is completely his responsibility. He doesn’t even know why the boiler has broken yet anyway! Sorry you have such a horrible landlord. You should insist in writing that the boiler is repaired and ask to see the report before the repair takes place.

If the electric cert is out of date I take back everything I said about him not sounding like an arse in general. Clearly less concerned with immediate repairs, and more interested in trying to cover up his failings before someone notices and reports him.
You definitely need to speak to shelter.

I’m afraid I’d agree with your landlord on most of this - and no, never been a landlord.

As an oil heating user - you are responsible for ensuring you have sufficient fuel at all times - before you turn on the heating at all, you should have known that you would need to put oil in the tank - or at least checked.

Watchman never tell you when to fill up - they are indicators that give a rough indication for you to actually check the tank - you need to physically check it regularly. Some have an indicator, we use a stick.

You need to ensure a good supply of oil in the tank, not close to empty, otherwise before it empties it will pick up sludge and damage the filters, pumps and nozzles - and yes, it may take a bit of time for the fault to occur. Sometimes you get just a bleed required, but faults are also common if an older system if damaged in this way. Sludge in a tank is not an issue as long as you don’t let the oil level drop too low. Ideally, ensure your tank is full, and order before 30% remaining.

I’m afraid if you had a flashing watchman and didn’t fill up before you switched any heating or hot water on, then yes, you were negligent. If it was anywhere near empty, you need to suck it up as you caused the issue. It’s not up to the landlord to teach you how to use basic appliances such as a gas hob, oil boiler, fire, fridge, washing machine etc. If you did order oil to be delivered on the day you moved in, and didn’t use hot water before it arrived - then clearly you haven’t damaged anything.

We have rented and owned many houses with oil boilers - and have had to sit cold and without water whilst the first delivery of oil occurred on one occasion when we couldn’t arrange for a delivery on the moving in day. As long as you haven’t damaged the pump, it’s quite cheap to get nozzles replaced.

I wouldn’t be happy about the immersion heater you describe - but again, given you had been provided with a working boiler, the landlord has no obligation to provide a working immersion heater - although if it was supplied it should be safe - that sounds unsafe. If it’s a standard 3kW element, it does not need a 20A socket - 13A should be fine. However, it would be more normal to be hard wired. If you insisted it was changed to 20A rather than just repaired, then yes you should pay - you should have just asked for it to be repaired.

Surely everyone would realise if they let the oil get too low it would cause damage to the system. Just like if you let oil run out or get too low on your car your engine will not work and be damaged. That is common sense. Your LL sent out a heating engineer promptly and person about back up water heater too. You say LL paid out for new water heater. A bad LL would not have done this. Very strange a qualified electrician would not know which size fuse to use. Over public holidays it is almost impossibility to get trades people out because they are on holiday too. An emerging trades person charges about 4 times as much as waiting s couple of days. The weather has been very mild 16 degrees. You have been given hot water. All you can do is call out a boiler person to do a report but if they say it is your fault for allowing oil to get too low then you will have to pay to have it fixed. In the mean time buy an oil fled plug in radiator to take the chill off.

Why would the oil burner fail six weeks after it was topped up then? If OP caused it by letting it run empty (which they didn't anyway but for the sake of argument let's say they did), why would it then fail six weeks later? How are those two things related?

They topped it up in November. When it broke and the landlord came out, there was no suggestion that it was out of oil again.

Also if you have a heating system that requires such careful maintenance that it can be broken so easily, you at least tell your tenants how to do the maintenance. I'm a landlord and if I had something expensive in my house that could be broken if tenants didn't do something specifically, then you bet I'd be telling them about it! Bonkers not to.

Did anyone actually read OP's posts?
'The property is fitted with an alert. I don't know if it flashes or at what stage some critical alert level registers but the point is.....
before the alert actually alerted us that the oil was low, we filled it.'

The low oil warning never went on. They noticed it was getting low beforehand and topped up before the alert even went off. There was no interruption to their heating at that time.