Boiler service dispute....

[CSR2706]

We are close to finally exchanging on our first house we are buying but have come to a bit of a sticking point.
The sellers have disclosed on the property information sheet that they had a gas service done on their boiler in 2017, but marked documents unavailable. Our solicitor requested the documents and they have said they do not have them.
We have asked that they therefore have another service done prior to exchange of the contracts, however the sellers have refused. Surely the onus is on them to prove they have had this done if they said they have? I know we could arrange for one to be done and it isn't that costly but as a matter of principle I feel that it isn't our fault you cant find your certificate so why should we have to do this for you. Any advice??

If it was done in 2017 then it probably needs a new one doing around now. I've always had the boiler serviced soon after moving in. You are spending a lot of money on a house & you're sticking over a boiler service that costs around £100? Have you got major concerns about the boiler?

It needs one for 2018 and you want it doing so I think it's fair you should pay. It's not a requirement for the boiler to be serviced or even work as long as all parties are aware.

Possibly they feel they have jumped through a lot of hoops already, and they're also making a stand on a matter of principle!!

Would you risk losing the house and £££ spent so far, over this? I would just pay it to be honest. Even if you do make a stand and make them pay it, it'll feel like a hollow victory if they take all the light bulbs, loo roll holders and curtain rails!

They will still be inconvenienced by the service being done, even if you pay. You paying and them having to be in for it kind of splits the pain.

We don't have major concerns about the boiler, I think the problem is I didn't trust that they have had it done in the first place, so when they then said they had it done but didn't have the certificate it solidified my initial instinct. The property information sheet forms part of the pre-contract so if they have said they have had it and they haven't its misrepresentation. There have been a few other issues as well that we were asked to pay for i.e. blocked drains so I think now its got my back up and out of principle its not our problem you have lost your certificate?!

I would be more concerned about seeing certificates for safe installation than a certificate for a service. I never keep certificates for servicing - it is just something that you do annually.

You sound grabby and as if you are just trying to get more for free. That is what they are probably thinking.

They definitely haven't jumped through any hoops, very much the other way!
Equally why would they risk losing a sale of a property over a boiler service?
We have the list of fixtures and fittings they aren't leaving a thing already anyway ha!

There’s no law that says a private homeowner has to get a boiler serviced every year. If you want it serviced and it hasn’t been then the onus is on you to get it done. You wouldn’t be doing it for them you’d be doing it for yourself - you’re the one who’s going to be living there.

I'm not sure where our service certs are either.

When you say you've been asked to pay for other issues, does that mean you've already asked for a load of extra surveys and checks? If so, maybe they are getting a bit hacked off too.

Certificates for safe installation came up in our searches that the solicitor has done so we have them. Certainly not grabby or trying to get "more" for free (when we haven't got anything for free in the first instance so not sure how it can be more!?), ultimately if you said you have done something you need to be able to back it up. We as buyers need want to know what we are buying into, we can't just take someones word for it.

No we had a survey done and which revealed blocked drains, we asked that this gets resolved and we were asked to pay for it, which we refused, in the end it was sorted by the local water authority as it was blocked as a result of something that wasn't on their property if that makes sense.

I’m on a British Gas monthly plan and they only stuck a sticker on the boiler ?

Well you’re going to have to either take their word for it, pay for a service yourself or pull out.

You don’t have to service your boiler every year.

No there isn't a law but they have put it on the property information form which forms part of the contract.

Yes, that makes sense. The water authority is responsible if the blockage is not on your property. So it was sensible to get that sorted out.

But I wouldn't worry about evidence for boiler servicing. You can just arrange for a service when you move in.

I really wouldn’t care about a boiler service certificate or even if they had one done. It doesn’t guarantee the boiler in anyway as far as I know. I would have one done myself on moving in to make sure everything is safe and well.

It's an exciting time for you, so try to enjoy having your new home.

People can get very prickly towards as you near exchange of contracts. And it is easy to lose patience.

Hope everything goes well!

Are you prepared to lose the house for the sake of paying to have it serviced yourself? That's what it boils down to. Similarly, if you were selling a house and knew the annual boiler was due/due soon, would you choose to pay it for yourself when you're not going to be living there very soon? I'd back down on this - it's not worth the stress or bad feeling of pressing the point.

Completely agree with Wowfudge.
This really is a non-issue. Even if the certificate is produced all it tells you is that the boiler was operating correctly on a given day nearly a year ago.
If you want to satisfy yourself the boiler remains in serviceable condition then pay for someone to inspect it on your behalf.
There doesn't seem anything to be gained by getting in to a battle of wills with the seller.

it costs us about £30 to get our boiler serviced, i'd be making sure they get it done as may be hiding a bigger issue.

We had our boiler serviced in September and all was good. It leaked this week and now we have to replace it at a cost of £5k. Wish I'd never bothered paying to service it!

The certificate provides you as the buyer with nothing, it's not a guarantee the boiler will be working when you move in, only that it was working sometime in the past. I wouldn't fall out with the seller over this.

Are you first time buyers? Just wondering...

Ooops, sorry, I've just seen that you are. Honestly, just exchange and book a service for when you move in. They haven't misrepresented anything, they just can't find the bill. It wasn't that important when they had it done, it isn't important now. It needs a service for 2018/19 and as soon as you move in, get it done!

We as buyers need want to know what we are buying into
Receiving a boiler service report from nearly a year ago is not going to help you understand what you are buying in to.

it at least proves they serviced it last year, currently it may never have been servied and be knackered.

I am not sure what the issue is here.

They said they had a service but documents were unavailable which is a perfectly valid response on the form.

You are trying to demand they redo something that isn't a legal requirement. It is really up to you how far you push this but I have sold many properties in my time and at this stage if people are quibbling over little things or have been a pain in the arse throughout I have instructed my estate agent to put the house back on the market, which I totally meant, if they didn't exchange which tends to focus the buyers mind somewhat.