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Original poster

We’re in the process of selling our flat and now our heating element has gone in our boiler

44 replies

Ac94 · 13/11/2023 11:39

So we’re about 90% done with the sale of our flat and in the last 3 weeks we’ve had a leaking toilet (which we have fixed) and now the heating element has gone in our boiler causing us to not have hot water, except a small amount using the boost function. Should we get it fixed? DH is saying leave it but I think we should get it fixed. We can’t really afford it what with moving and Christmas but I wanted to see everyone else’s opinions

OP posts:
susiedaisy1912 · 13/11/2023 11:41

Might be worth posting this in legal to get proper advice.

FloydPepper · 13/11/2023 11:42

How would you feel moving into your new place to find the boiler broken?

Stroopwaffels · 13/11/2023 11:42

I think legally you have to get it fixed. Speak to your lawyer/conveyancer.

Coolblur · 13/11/2023 11:43

Get it fixed or you could be sued by the new owners which would be more expensive in the long run

Araminta1003 · 13/11/2023 11:43

Did you confirm in the Property Information Form that the heating is in good working order?

If you said yes, it would be a misrepresentation and you either have to update the form or get it fixed.

FestiveSandman · 13/11/2023 11:44

Of course you have to fix it Confused

Thedm · 13/11/2023 11:45

Are you selling it with a fully working boiler? Or have you told them it is broken?

If you have confirmed that it works then you need to sell them a flat with a working boiler. If you don’t bother fixing it, then I hope they go after you for all the costs.

Greycottage · 13/11/2023 11:48

Good lord, of course you have to fix it.
You’d let them move in in the middle of winter with no working boiler?

If it had broken the day after they moved in, it would be their problem. But it’s broken while YOU still own the house, so it’s YOUR problem. Legally, morally, etc.

Shroedy · 13/11/2023 11:52

Have you responded to the standard property enquiries yet? If not, you'll be asked to confirm the heating is in good working order and have to respond accurately. If you have already responded that it's fine at a time when it genuinely was then it's essentially a continuing duty to update until exchange so you should make sure you do.

Shroedy · 13/11/2023 11:53

Shroedy · 13/11/2023 11:52

Have you responded to the standard property enquiries yet? If not, you'll be asked to confirm the heating is in good working order and have to respond accurately. If you have already responded that it's fine at a time when it genuinely was then it's essentially a continuing duty to update until exchange so you should make sure you do.

Or, of course, just fix the boiler so it is true.

casuarinatree · 13/11/2023 11:53

Yes, you need to get it fixed (or tell them you aren't).

Presumably you confirmed in the Property Information Form that the boiler was in good working order? Then that is what it needs to be when you exchange.

CostelloJones · 13/11/2023 11:54

Of course you have to fix it - I would be fuming to move into a new play and find the boiler isn’t working and no one said

Bridgertonned · 13/11/2023 12:03

We moved into a property and found the boiler was broken. Very depressing and upsetting (given how stressful moving is) We were furious and looking back I wish I'd taken action against the previous owner.

If you've not sold it as having a broken boiler, you need to fix it, absolutely!

okthenwhat · 13/11/2023 12:06

Get it fixed.

Aside from the legal points of the Property Information Form and progress of the sale (ie if you've exchanged), which are a risk (but honestly who sues the seller of their house for misrepresentation unless you are a multi-millionaire?),
you just don't want to risk the hassle and buyer pulling out if they get wind the boiler is broken.

I'm not sure exactly what estate agents have to reveal if asked, but I'd bet an inaccurate Property Information Form at exchange causing loss of a sale is probably a material fact they have to disclose if asked why a sale fell through to a subsequent buyer.

Neodymium · 13/11/2023 12:07

our pool pump went during when our house was under contract. Sucks but we had to fix it. Though we did just buy a second hand pump no way was I forking out for a brand new one. Is the boiler old? They might want the option to replace it themselves. You could find out the cost of repair and then offer them a reduction in that much off the price to take it as is. I’m

TotalOverhaul · 13/11/2023 12:09

You have to at least mend it, if not replace the boiler. We have the same issue, just as our house is about to go on the market. So annoying to pay for a new boiler for a few months. But has to be done.

SoftKittyBazinga · 13/11/2023 12:10

Tell the truth. And either get it fixed. Or reduce the price by the cost of the repair if the buyer would prefer to sort it themselves. But, setting aside legality, do you really want to be the people who sell a property when it’s turning cold and in the run into Christmas, where a broken boiler is the gift on exchange?

Gardeningtime · 13/11/2023 12:11

Cmon op, you need to get it fixed, what a shitty thing to consider doing.

Tessasanderson · 13/11/2023 12:15

At the moment you have control of how much it will cost to repair.

Once you hand everything over, the new owner turns the hot water on and finds it doesnt work on the first day, how long do you think it will take them to speak to their solicitor?

The next call will be to the fastest/expensive plumber who will charge the earth for something you might have got sorted at a reasonable cost. You will then receive a solicitors letter demanding payment.

Get it sorted whilst you still have the control over it.

tescocreditcard · 13/11/2023 12:16

I think you have to fix it otherwise they won't have hot water will they?

DaftyInTheMiddle · 13/11/2023 12:20

Well if you don’t fix it I hope Karma comes and bites you on the arse, hard!

What an awful thing to do to someone.

Smurfmurf · 13/11/2023 12:22

Of course you fix it.

MrsPinkL · 13/11/2023 12:22

Of course you need to get it fixed! What’s wrong with your dh, Imagine thinking it’s ok to sell a property with a broken boiler, how would you and your dh feel if the current owners of your new home screw you over?

The first place I ever owned I walked in and a window was smashed & they have left a load of junk that they obviously couldn’t be bothered to take to the tip. I had the window fixed and the rubbish removed but no way was I paying for it after a chat with my solicitor they did. I can’t see why a boiler would be any different

dontgobaconmyheart · 13/11/2023 12:24

If it was in working order at the time of sale and isn't listed as out of use in any of the particulars then yes, fix it.

I wonder what your DP would say if you got to your new property to discover the boiler now no longer worked and he had to pay to fix it. Presumably he would feel the previous owners had wronged him and the repair cost was unfair, rather than smiling and happily booking in a boiler repair whilst waxing lyrical about flow very fair and square it all was.

Muddle2000 · 13/11/2023 12:25

The property information form asks if the boiler is working or not You will have to either say yes or no so you will have to repair it or say no and leave them
in the winter with it broken!
Get some quotes Is it an old boiler