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.

He already knows he needs a new boiler I reckon, like I said previously, I bet he’s had ongoing problems with it.

A lot of shit landlords are using it to get around the deposit rules.

Whole thing sounds like a shonky landlord.

Running empty as I understand it will usually just airlock. Running the boiler whilst the tank is being filled or soon after will draw the stirred up sludge through though.

@Merrychristmas21

Thank you. I will get advice.

We didn't offer to pay for the change of fuse socket. The back up immersion heater was not working. The 13 amp fuse socket had melted, presumably before our time. The repair he ordered was to replace the 13 amp socket and that failed within 24 hours.
He wrote and said he could send somebody if we paid but if we didn't he would do nothing until 4th Jan. I have children and while I can manage without heating as it is not too cold at the mo, I need hot water for them.
He is also very clear that we must not appoint our own service people to repair his property. He has to control everything. It is very frustrating. We just needed hot water so we paid.

I would really like to know the real reason the landlord is expecting and anticipating an extensive repair with a large bill. That seems very suspicious. It hasn't even been investigated.

Whole things sounds suspicious including why on Earth you’ve paid 12 months rent in advance.

Your first call should be to Shelter who are experts in your rights as tenants. They can give you much more informed advice about your next steps than a load of randoms on the internet.

@Newyearbadstart

Well his final word is that we must reply to his threatening email with the written assurance to him that we will cover the cost of any and all repairs and that until we do, he will not send anybody to repair and we will remain without heating. What should I reply to him?

I think the tone of your reply depends whether you are otherwise happy living in the house, if you would like to stay there because the location etc suits you, and what the alternatives might be if you chose to move on. (Apologies - I can't remember if you said how long you have of your original lease contract term to run).

You haven't replied to questions asking whether the LL has properly protected your deposit in a recognised scheme and given you an up to date gas safety cert. The reason people are asking is that these are legally required and give you ammunition right off the bat. Setting out your knowledge of your overall legal position calmly and clearly - making it evident you also know your rights about electricity certs and heating, and are not naive - is one way to respond to his emailed deadlines about the boiler. He may then realise his bluffing is not going to work and back down. He may also try to serve you notice but if all his documentation is not in order any section 21 notice may well not be valid. As previous posters have advised, you really do need to get some vg advice before you get into further back-and-forth with a ll who I do not think is acting in good faith.

Yes, definitely call Shelter and check out their website. They were the people who advised my daughter about claiming compensation for broken boiler and to wait until after she’d left to make the claim.

Heating and water were working fine after the oil fill and for 6 weeks later until until the heating/hot water failed

Did it not occur to you that the tank might need filling again after 6 weeks? I have no idea how long a tank of oil lasts - but obviously that will depend on tank size and how much you use the system.

He’s taking the piss

Get legal advice about the repair and also about where you stand if you want to leave the tenancy before the 12 months is up

I wouldn’t want to stay renting a house from this guy

We have an oil tank for heating & hot water. We fill it twice a year; unless OP put in only 50l or ran heating & hot water 24/7 even half a tank should last way longer than 6 weeks

@starfishofbethlehem

Heating and water were working fine after the oil fill and for 6 weeks later until until the heating/hot water failed

Did it not occur to you that the tank might need filling again after 6 weeks? I have no idea how long a tank of oil lasts - but obviously that will depend on tank size and how much you use the system.

If it needed filled up that regular it should have been in the folder of information the landlord left for her.

Every tank I’ve ever encountered has only needed filled a couple of times a year at most.

To all the posters saying, 'Why on earth have you paid 12m in advance?' FGS can we show some support and think things through a bit?? I've been in the OP's shoes and four times moved countries/continents with kids. Have no idea of her circs but in my case I often had one weekend to go to new country and look at houses/apartments. Which was basically one day. Not much choice, no budget for relocation agents (this was not a Hollywood movie), just me lining up shite estate agents. Landlords saw me coming and realised I was desperate. Had me over a barrel, demanding a year's rent up front and sometimes more, playing me off against other prospective tenants. It's a competitive market out there at the best of times and if you're trying to secure school places from thousands of miles away you have zero wriggle room in signing leases. So - yes - a little less of the 'doh! OP' shaming.

What should I reply to him?

That you are seeking legal advice and will be in touch with a reply once you have done so. Ask him to clarify which scheme your deposit is held with also, if he says no scheme then make sure to act on this as you will be entitled to financial compensation for it.

In all honesty I'd also start looking for somewhere else to live, when you get legal advice on the repairs issue I would also ask for advice on a break clause on the tenancy to see if you can leave early and get the remaining rent refunded.

We have an ancient tank (dread to think how much sludge is in it), an ancient CH system (pipes and most rads) but a modern boiler. There's no watchman and in the early days, we ran out of oil a few times. The only thing that ever happened was that the airlock button on the boiler needed pressing when we finally topped up. We've never had to relight the boiler - that sounds odd. We have it serviced once a year - do you know when yours was last done?

There are various reasons your system might not be working.

1. Not enough oil - how much did you put in? ( Check receipt) and how much is in there now?
2. Airlock - do you have the manual for your boiler? Is there a reset button?
3. CH controller not working properly
4. Thermostat not working properly
5. Cold water tank for boiler not feeding system (we had this - the ballcock had jammed)
6. Other stuff we've not yet suffered...

Are you getting any response from the boiler at all when you try to heat the house? Can you hear it kick in at all?

It sounds like you've done nothing wrong as you topped up before the alert but might be helpful to try to pinpoint the actual issue.

Hope you manage to get things sorted. Luckily it's mild but it's still horrible to be without heating!

From the OP 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.

The OP then goes on to say they didn’t see/have an alert but filled the tank anyway. Confusing.

I would write to or email the ll, stating that the electrical safety certificate is from 2013 therefore extremely out of date and you require an electrical safety check ASAP. Do you have the gas safety certificate (if there are any gas appliances) and the documents pertaining to your deposit being protected, including the ‘How to Rent’ documentation?

Boiler and heating are the landlord’s response. He must not leave you without heating. The oil being filled 6 weeks prior to a failure of the system is irrelevant, the system sounds like it needs a full on overhaul, again, not your responsibility. This is the law. Read your tenancy agreement, send him the relevant section re repairs.

So many landlord concerns here.

Is deposit protected.
Lack of up to date EICR
You shouldn’t have needed to pay for change to immersion heater
Did he give you the government booklet on renting.

Sludge in a oil system wouldn’t happen on a low oil on a previously well maintained tank.

He’s asking you to fit the bill for previous lack of repairs.

Shelter are incredibly busy. You are better off posting on tenant zone

Also, if the landlord was happy to pay for the engineer to come out the first time and the engineer wasn't able to carry out the necessary investigation, why is the LL not getting the engineer back again? Nobody knows what's wrong yet so can't apportion blame.

1. Repairs are the landlords responsibility.
2. Why did you have to pay 12 months rent in advance? I’m thinking because you moved / returned to the UK so didn’t have local referees, credit rating.

Can I just say it’s NOT a good idea to pay 12 months in advance. If the landlord fails to pay the mortgage, the property can be repossessed and you evicted, losing any future rent paid. If anyone else is pressurised to do this please find a way around it, by using a guarantor for example. Or offer 3 monthly in advance payments maximum. Try contacting landlords associations online for advice. Citizens advice may also be able to help.

It's not OP shaming regarding the year up front, just that she seems to think it's the way things work in the UK. It's not! The landlord is dodgy and this is another example of it. The OP needs to let LL know he's dodgy and know her rights. It's possible she could even stay there after a year without paying rent if he's done dodgy things as he won't be able to go to court! She needs to be equally threatening!

It sounds like your landlord is in breach of a lot of things here. He should have supplied an up to date electrical safety cert when you moved in. He should also have provided a gas safety cert, which includes a boiler inspection.

In terms of the immersion heater, good practice is to have it on its own spur, linked to the breaker board, with a dipole switch, all for safety purposes. Are you saying its on a plug socket? That needs to be rectified ASAP, and your landlord needs to do an electrical safety check immediately.

In terms of the oil tank and the boiler, I would not be agreeing to pay anything without a report from an independent professional. If the reason for the breakdown is accidental damage as a result of the way you have used/filled the tank, then unless the landlord can prove he gave you specific instructions, and that you disregarded those instructions, then the issue is his to resolve and to pay for. The onus is on him entirely. He needs to arrange and pay for the repairs, and then seek refund from the deposit he has put into the protection scheme, when you vacate.

I would write back to him, and state that you require him to provide gas and electrical safety certificates for the property, and inform him that the repairs to the boiler are his responsibility, unless he is able to provide independent evidence that you are directly and knowingly responsible for the failure. Essentially I'd say to him 'prove we broke it, or get on and fix it'.

Finally check your tenancy agreement and any instructions you have for the house, and compile your own evidence to show what you have been told, what you have done and when etc. Check your home insurance, you may have cover for legal advice which you might wish to take advantage of.

Definitely speak to shelter, and contact the council too, especially if he doesn't come up with the safety certs in hood time.

It's not OP shaming regarding the year up front, just that she seems to think it's the way things work in the UK. It's not! The landlord is dodgy and this is another example of it.

Exactly this

[quote Newyearbadstart]@Akire
Absolutely! I completely agree with you.
I think I'm trying to get across that the landlord is refusing to pay for repairs to the heating. That is my main problem.
As I stand at the moment the landlord had written an email stating that, unless I agree in writing to pay for the repairs then the repairs won't be attended to.
And, as it stands, there is no formal assessment of damage (if any) or cost of potential repairs required.[/quote]
you could contact the council , when my landord quite a few years ago left us without hot water and heat for how many weeks because she was messing around not wanting to fix the ancient boiler , i contacted them , cant remember what dept it is now , you would have to ask when you phone , but within a day of the phone call to them the rental agency was flapping away in a tither because shed been ordered to fix is asap ,
of course doing this puts you the landlords bad books immediatly , but sounds like you are in them anyway so might have nothing to lose

@friskybivalves
You haven't replied to questions asking whether the LL has properly protected your deposit in a recognised scheme and given you an up to date gas safety cert.

I think we can safely say there is no gas safety certificate here......
because the house has no gas supply, thus the oil fired boiler

Sounds like the immersion (and socket) was replaced by a plumber or 'handyman' rather than an electrician.

Check you were given all documentation relating to the tenancy. Gas safety certificate, Energy performance certificate, electrical safety certificate and proof that your deposit it either lodged or insured.
Call your local council tomorrow, this sounds to me like a rogue landlord.

@starfishofbethlehem

Heating and water were working fine after the oil fill and for 6 weeks later until until the heating/hot water failed

Did it not occur to you that the tank might need filling again after 6 weeks? I have no idea how long a tank of oil lasts - but obviously that will depend on tank size and how much you use the system.

Why reply if you have no idea about oil heating?

I have oil central heating and have lived with it for 25 years now. Even if OP had put in the minimum delivery amount of 500l I would expect that to last around 3 months during winter time use. As OP has clearly stated that they had the tank filled, there was probably 3 times that amount in the tank at the end of November.

If the tank is now empty, then there is a leak from the tank, there's no way she could possibly have burned through that amount in 6 weeks.

Even if you had run out of oil, it's a quick and simple process to get an engineer to bleed the boiler and restart it.

OP it sounds to me like the LL knew when he let the property that the boiler was on its last legs and is now trying to get to pay for a replacement. This may even express into needing a new tank too if it's full of sludge and causing system issues.

There's no quick fix here - get legal advice ASAP and do not agree to pay, this could well cost £5k or more to resolve.