Emergency repairs delay and financial loss

[SENDChaos]

I reported to my letting agents at 6pm yesterday that I had no heating and hot water due to low water pressure and a stuck valve stopping me from re-pressuring the boiler. They had an engineer with me in just over 2 hours but unfortunately he could t fix it as it needs a part replacing. It was agreed he’d return with the part the next day (today) at 7pm to fix it.

this was confirmed by the engineer and the letting agents the next day so I went ahead and confirmed my hair appointment and paid for it (£160). Then at 3.40pm today the engineer informs me that the agents have withdrawn approval for his appointment. I called the agents and they informed me I need to be at the property from 8am to 2pm to allow assess for British Gas as the landlady has decided to go through them instead.

I informed them that I couldn’t do that due to them already confirming tonight’s appointment and having pad out for an appointment at 11.30am the next day. They then informed me that if I don’t make myself available the landlady wouldn’t be responsible for any further loss of heating and hot water and I will be liable if any further damage occurs.

the agents offered me heaters as it’s currently 3c outside but once I asked who would be paying the additional electrical costs, I never got a reply.

ultimately I have had to cancel my hair appointment as I need this repair done. The money for my hair appointment was a present from my parents. I’m a single mum, unable to work as I have a SEND child who is also currently out of education. I have told the I will require the amount to be returned to me and they have told me no because it’s an emergency repair so I have to make myself available!!

can anyone give me some advice. It’s a lot of money I’m losing and I don’t have money like that to lose.

I’m sorry you’ve lost this money but your landlord has arranged a repair within a day. I think you have been a bit naive. Him returning at 7pm would include an out of hours charge for your landlord so I am really not surprised the landlord rejected that arrangement.

Couldn’t you have left a key with the agent and British Gas let themselves in ?

No the landlady had originally approved the engineer to attend and this was also confirmed to me by the agent, in writing. By 2pm tomorrow I would have actually been without heating and hot water for nearly 48 hours. British Gas may not even be able to repair it as it needs a new part and they may not have that part with them

My 14 year old son will be at home which means they legally can not carry out the repairs with him here as he is under 18

You need to read your contract with the LL carefully. It should cover the emergency repair situation, including the situation of the agent confirms an appointment and subsequently cancels it. It maybe that you could take the agent, who is the one who misled you, to small claims court to recover your costs.
Equally if you explain to the hairdresser, they may waive their cancellation fee.

I think you were a bit naive / foolish to go ahead and confirm a hair appt until the issue was definitely fixed. But it’s done now. I think all you can do is either hope British Gas come before your hair appt (have you asked if they can come to you as their first appt of the day?) or throw yourselves on your hairdresser’s mercy and ask if they will move your appointment given the circumstances.

Tenancy just states that I can pay for emergency repairs if leaving it will cause further damage and I will be reimbursed for the cost but when I raised this with the agent they said me doing that would result in my landlords boiler insurance be voided.

I have already explained this to the hairdresser but they have told me there is nothing they can do as per their T&Cs

I had to confirm and pay for my hair appointment. I also doubled checked tonight’s appointment not only with the engineer but also with the agent so I don’t believe I am naive or foolish at all

Except you didn’t know if the original engineer would definitely be able to fix it when he came back and he may well have needed a further visit. Hence your foolishness at confirming and paying for your hair appt which is further confirmed by you insisting that you weren’t foolish / naive at all. 🙄

I have already said the engineer had already been out, found the issue, ordered and collected the part. Tomorrow BG may well attend, locate the issue and still not be able to repair it there and then

At 9am this morning British Gas arrived, informed me, even gave me written evidence that there was never any boiler cover in place for the property. The appointment was an initial visit, gas safety certification for a new boiler cover contract. He was unable to access the gas meter due to the storage cupboard lock being broken and also discovered my carbon monoxide alarm had a expired date of September 2024

sounds like the landlady has other problems coming her way then! and I assume you can now make your appointment???

I’m writing up an email to send to the estate agents about all the problems, especially not providing me and my son anything to help us with the no heating during the 17 hours they delayed the repairs for. I didn’t end up making my appointment either so I’m still gonna push forward trying to get that money back from them as well.

can anyone give me some advice. It’s a lot of money I’m losing and I don’t have money like that to lose.

I completely understand why you're upset, but it's extremely unlikely that you'd be able to bring a case against either your landlord or letting agent for the cost of your hair appointment.

You requested an emergency repair, which your landlord arranged. It's quite reasonable for them to expect you to make yourself available to facilitate it, even if it causes you inconvenience.

You may have suffered a financial loss as a result of plans changing, but in order to sue, you must also show that the loss came as a direct result of the other party's breach of contract, negligence, breach of a duty of care, etc.

Factual and legal causation aren't the same thing. The law calls this issue 'remoteness'. People should only be held legally responsible for the things they are legally responsible for.

With respect, choosing to book a non-refundable haircut on the same day as an essential, emergency repair job was a poor, irresponsible choice on your part. It's emergency work, things change. You're responsible for that choice, not your landlord. You're upset because the money was a gift and you can't replace it, but that's not for them to know or be responsible for.

Did the hairdresser make you aware that your booking was non-refundable before you paid? They must explicitly make you aware of such a policy either by telling you directly or making you aware of it in their T&Cs.

It states in my tenancy that I can pay for the emergency repairs myself and they will pay me back if the delay is going to make the repairs worse or put myself in danger. My parents offered the £305 for this because of the weather but the agents lied and said it would’ve void the already in place boiler cover.

When the BG engineer turned up, he told me there was no cover in place, that was why they couldn’t get to me the same day and this was a complete new cover contract. He also provided me with written proof to keep.

I also didn’t book a non-refundable haircut on the same day, it was booked weeks in advance, I also confirmed with the agents because I could reschedule before 24 hours of the appointment. If they hadn’t assured me it was ok to go ahead, I would have rescheduled it

When the BG engineer turned up, he told me there was no cover in place, that was why they couldn’t get to me the same day and this was a complete new cover contract

There was no cover with BG. That doesn't mean there was no cover.

It's certainly possible that they were telling the truth - the BG homecare plan requires you to only use their engineers for repairs, for example.

So why didn't you just reschedule it? Nobody can make cast-iron assurances when it comes to short notice emergency work.

Why take the risk?