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.

Op when I had problems with a landlord who wasn't nice i managed to see a lawyer who agreed a fixed amount for finding out the exact situation in law and drafting a letter etc. It was an incredible relief. It cost me about 250 and the lawyer told me what this would include and was really fast to see me and help sort things. I know that's expensive but was doable for me as capped and the lawyer and I had a contract saying they wouldn't charge me more than that and what they would do for that. It was really worth it not to end up being bullied into agreeing to the wrong things and to have that confidence about my exact rights and position in the situation. I found out my position was extremely strong in fact and I wouldn't have known my rights without this. I feel very sorry for you. These things can be so stressful. I don't know what the situation is in terms of seeing a lawyer like I did now it's during a pandemic. I don't like that he won't allow a electrician or plumber who isn't his exact choice. Do they have the proper quals? I would want to be certain the electrics were safe and not dodgy in any way. Is there not a legal forum on mumsnet. Would it be worth posting there?

Your landlord is obviously not a professional landlord. New boiler and heating systems are par for the course when you are renting out property.

I would ask how old the system is and, as others have said, pay for a professional opinion on why the system has broken. As another poster said it should just require bleeding and getting rid of the air lock if the oil runs out.
For all you know the system could have been playing up or have been troublesome before your tenancy. They may even have known it needs changing.

With regard to the fuse situation, unless you are a qualified electrician it is not for you to say or give an opinion.

I don’t know where you stand with regard for paying in advance for 12 tenancy. This is not a good idea as it is hard to recover your money once you have paid it. You could try telling them you intend to give notice and require them to refund your money.

If the oil tank had emptied itself in 6 weeks, the Watchman system would have gone bonkers and sounded an audible alarm, assuming it was installed in the last 10 years or so - they're designed to alert if the tank leaks, by recognising that the level is dropping faster than normal.

ok. We filled the oil and it's a large tank so it still pretty full now.
Our lease agreement states clearly that if the oil runs dry and the boiler stops as a result then it is the tenants' responsibility to rectify.
That hasn't happened here.
I have emailed him that info.
I have also stated that the house manual, the lease agreement and the user guide for the boiler do not anywhere state that low oil levels cause damage.
I have explained that we were not informed that low oil levels cause damage and therefore we have not deliberately or knowingly cause damage to his property. He cannot expect us to have intuited this knowledge, if it was important, he should have made sure we were informed.
I have also quoted from the user manual for the boiler that states at each service sludge should be drained from the tank, so there should not be any sludge in there if the unit is serviced and well-maintained (he says it is serviced every year). That makes it curious that in his email he states that the damage is caused by sludge. Very very odd.
I'm sure he will come back fighting and at that stage I can take his response to Shelter/council/solicitors.
I am being mindful that I really do not want to make an enemy here, there is no need for this but if that happens it is out of my control.
Let's see what happens when he reads my email.

Your landlord is a chancer. Get legal advice, speak to Shelter, do all the things you have been advised here. Bide your time with the landlord, and when you eventually move out, shop the bastard to HMRC, because I BET he is fiddling his taxes as well.

Running out of oil is nothing like not having enough oil in your car, as a PP claimed.

If the boiler runs out of fuel it will switch off (which it did). You need to press a button to restart it but you may also need to bleed the fuel line to let out any air. Some people will do this themselves but many will need an engineer. So running the boiler out of oil may be a PITA but isn't going to do real damage.

The LL sounds unreasonable to be telling OP that a major repair is needed when it sounds like the engineer hasn't even looked at it yet. What can happen is a sensor in the boiler gets covered in soot and needs to be cleaned from time to time - it could be something simple like this. Equally, it might be that the boiler is on it's last legs anyway and LL is pulling a fast one.

OP legally the landlord must have the oil central heating boiler serviced once a year. Do you the last service date for the boiler?

Also - do you have a carbon monoxide alarm near the boiler? Appreciate this is moot as the boiler isn't currently working but please make sure there is a functioning CO sensor in place ASAP. I've had a CO leak previously from an oil boiler and thank God, we had an alarm in place as we would never have known anything was wrong otherwise.

Does My Landlord Have To Service My Boiler?

Under the 1985 Landlord and Tenant Actt_, landlords have a legal responsibility to ensure the safe supply of sanitation, water, gas and electricity. Therefore, it's the landlord's responsibility to stay on top of oil fired boiler maintenance by having the boiler serviced annually. It's also the landlord's responsibility to fix any issues found within the boiler once serviced. If you have noticed any boiler issues, inform your landlord straight away.

I think you need proper legal advice over this issue. Hope it all works out for you.

A reputable landlord would have landlord insurance & to cover issues like property maintenance & property repairs, which includes electrical issues & boilers

Insurance may cover repairs or damage but wouldn’t buy you a new system if it was years old.

@Turkey98

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.

I disagree. Oil filters need changing regularly snd are normally checked in the annual service.

If there isn't a recent electrical certificate then it's just as likely the oil boiler hadn't been serviced recently. As a land lord they have a responsibility to have this done professionally annually.

Even running out of oil won't seriously damage a healthy boiler. Yes it may require siphoning through to clear an air lock. Yes it may exasperate a dodgy filter but it won't cause a system to break snd 100% not 6 weeks later.

The land lord has a responsibility to ensure heating and hot water.

This land lord doesn't sound like a professional land lord and they may need encouragement from a legal organisation to realise their duties

Update:
The LL has replied to my email and said that everything in it is just "noise".
He states we are guilty of deliberately breaking his boiler and his next move it to get a report from his service engineer at his own convenience (he has made it clear it will take a long time- due to the weather) and so that's it. He left us with the option to stop all of this and agree to pay.
Urgh.

Contact shelter or if you have legal cover on your credit card contact them. The landlord is in the wrong about leaving you with no heating and hot water

Contact shelter, citizens advice, check your car and house insurance for legal cover, and seek legal advice. As a pp says a smartly written letter from a solicitor may well be a good next step. Also report him to the council, environmental health, etc. Make sure you have copies of everything. He's trying to pull a fast one.

I’d reply ( delete as necessary )

Dear mr landlord.

We have tried to be reasonable however your response has shown that you are not prepared to fulfil your duties that you are legally obligated to.

I will be seeking advice from the Council and Shelter regarding your refusal to carry out repairs within a reasonable time scale. Please arrange for alternative heating to be provided) oil filled radiators are fine) until your contractor can attend and survey the heating system. We refuse the right to obtain an independent report should it be necessary.

Please forward us copies of the up to date electrical safety certificate. The one you provided on letting them property is dated 2013 and not in date.

Please send us proof you have registered our deposit.

Please advise why we were not issued with
How to rent: the checklist for renting in England booklet.

We also include the invoice for the works required to the immersion heater. The repair you organised was not sufficient and failed within 24hrs. Please arrange to refund this to us with in 7 days. We had no choice but to arrange this repair ourselves as we could not continue to have no hot water in the property.

Huge amount of typos sorry.

He’s likely to give you notice tbh when he can. However when he does make sure you go down the full possession and court route.

Do you have working smoke alarms and carbon monoxide detectors too? I’d be literally going through every obligation with a fine tooth comb.

The other thing is general maintenance and repairs to the property are allowance deduction when working out rental income for tax purposes.

I’d ask him why he is being so difficult?

He's trying to avoid paying for serious repairs that he knows or suspects are due, and is trying to get you to pay for them instead.

He's clearly not very clever as you have him over several barrels I suspect, with the out of date electricity certs, deposit and so on.

I would get an independent person out to assess the state of boiler and household electrics - whilst that won't be cheap, it will give you more facts to chuck at him.

Yes.
I’m definitely going to arrange an independent engineer to asses the boiler for us. I think that is going to be crucial information that we need to have.
Also had a chat to a neighbour who became friends with previous tenants here.
No surprise to learn that he played a similar card with them. Told them that they had ruined the carpets and because they rendered the house uninhabitable they had to pay to replace them all.
And then, of course, they didn’t replace the carpets at all.

I mean, in the above post, that the LL took the money to replace carpets and then left the old carpets as they were. He didn’t replace at all despite receiving the funds to do so.

Let him know you’re instructing a solicitor and he will be liable for the cost of this as it’s pretty clear that you’ve done nothing to cause a problem with the boiler

@Newyearbadstart

Update: The LL has replied to my email and said that everything in it is just "noise". He states we are guilty of deliberately breaking his boiler and his next move it to get a report from his service engineer at his own convenience (he has made it clear it will take a long time- due to the weather) and so that's it. He left us with the option to stop all of this and agree to pay. Urgh.

Speak to shelter.

Don’t be going down the route if engineers and the likes at this point - that’s just getting sidetracked.

He’s clearly a shit landlord who wants a new heating system or major repair paid for.

You followed the guidance left. End of.

Speak to shelter.

Speak to CAB and your local council about the landlord. Don’t get anyone put off your back, he is in the wrong and needs to fix this.
I would advise him you are instructing a solicitor and reporting him to the LA, that should put the wind up him. He sounds sneaky and dodgey as hell.

He is wrong, I have an oil fired boiler and it won’t work without oil but if you topped up the tank before it was totally empty and it worked for another 6 weeks then it’s fine.

Is it now not working? From your post I read that it locked out and the landlord showed you how to reset it. They do that, I’m forever resetting mine. What’s not working with it now?