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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To expect my landord to provide heating and hot water?

160 replies

Newyearbadstart · 01/01/2022 23:03

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 posts:
CornishTiger · 03/01/2022 21:15

@poetryandwine thank you. I’ve been on either side. This landlord is a complete disgrace!

abbey44 · 04/01/2022 11:41

[quote flippertyop]@ChequerBoard a full tank in our house lasts about 6 weeks in the winter. It obviously depends on the size of the house and the amount of people in it [/quote]
I'd go along with this - I lived in a four-bedroom barn conversion with stone floors and underfloor heating, and ten radiators/towel rails, and in the winter a full tank would last about 6-7 weeks. Boiler was 8 years old, the oil tank was new, and the system was regularly serviced and well maintained. House was lovely and warm though.

I imagine a stately home type place would be rather more expensive than that.

womaninatightspot · 04/01/2022 11:46

[quote Newyearbadstart]@candied
we did the fill the oil tank in November. We filled it when we were alerted to do so, in November.
The heating/hot water failed on 27th December, some 6 weeks later, and the landlord claims the failure is a result of failure to fill up in time.[/quote]
I have an oil boiler and personally I would call this utter bullshit. If you ran out of oil the boiler would shut down at the time. There might be air in the pipe that you would bleed through before the boiler would restart when the tank had been refilled. This is the equivalent of blaming a car breakdown on the petrol light having come on six weeks before hand. Utterly ludicrous.

RainingYetAgain · 07/01/2022 23:39

OP
What has happened? It has turned really cold around here, so hopefully something has happened to sort this out.
Please don;t be tempted to agree to his demands, If the system is an old one, you could also be in for a new oil tank and possibly even having it moved to comply with new regulations. ( We were told we would need to relocate our tank, if we replaced our oil burner as it was too close to the fence.)

RockinHorseShit · 08/01/2022 00:41

If you haven't already done so, contact environmental health at your local council on Monday. Tell them you have young children & no heating or hot water & all refusing repairs & they should act quickly They can force LL to fix it fast

RockinHorseShit · 08/01/2022 00:41

Oops, meant to add this link...

https://www.thetenantsvoice.co.uk/advicefromm_us/heating-and-hot-water/

CointreauVersial · 08/01/2022 01:04

No advice to offer, but I'm hopping mad on your behalf! What a shyster he is.

Sydendad · 08/01/2022 01:22

You are sounding a little naive and gullible.
If an electrical installation is not fit for the demand placed on it by permanently installed heating equipment than that's a serious breach of electrical safety standards. You should have never interfered, adviced or paid for it. You should have threatened with reporting him and gotten him to fix it at his own expense.
As for the oil heater. Oil heaters have a safety switch and don't seriously damage because of low oil levels. They may indeed need a bit of bleeding which is an expense. The question however is if you have closely followed any instructions given to you by the landlord and after that if you have exercised due diligence and reasonable care while operating the heating.
(Not asking for more information on operating a heating system may be seen as you NOT excercing due diligence when it gets to court. In short: if you don't know you can be reasonably expected to ask)
If the answer to both is yes then you hold your ground and you start a complaint procedure. Which goes as follows: collect evidence. Contact citizens advice. Make an official complaint to your landlord in writing. Send this by email as well as by signed for post keeping the receipts. When you send your email cc in someone you know outside of your home circle. When you write your complaint to the landlord make it clear that your next step will be to contact the local council and than take court action. If he remains unresponsive then contact your local council and make a complaint based on a danger to your health. ( No heating should be a good reason) Again you will need all the evidence. The last step is going to court which is obviously costly. Don't be afraid to mention that you are willing to go to court. Consider having your complaint letter written by a lawyer and sent on their letter heads , this is often enough to illicit sudden response.

toddybell · 08/01/2022 02:31

You paid 12 months rent upfront (which is very unusual) and so he thinks you're rolling in money. He's being aggressive to bully you into paying for major repairs to the heating system so he doesn't have to because he thinks you can afford it and are stupid. Please adopt a fiery approach yourself and meet him head on. There's fantastic advice on this thread- follow it.

RainingYetAgain · 25/01/2022 10:03

@Newyearbadstart
Has your heating problem been resolved yet?
Hopefully you got some good advice and haven't caved in to his ridiculous demands.

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