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??

I don't think it is their problem really. Our boiler was serviced and broke a couple of months later. It makes no difference to you guys now buying, just makes you sound a bit petty really. Also If you're planning on taking out any kind of boiler cover then you will get a service as a part of that anyway.

Or it may never have been serviced and works absolutely perfectly.

Or it was serviced last week and might break down tomorrow.

If I were a slightly cautious first time buyer I would probably pay for someone to inspect the boiler on my behalf.

Are you saying that you want to back out of the sale of the boiler needed replacing? Maybe you should go for a new build.

The boiler will go at some time. You know how long it has been installed and they don't last for ever.

I bought a property a year ago. Some claims the vendors made were not strictly true, but it really isn't worth getting into litigation. I am responsible for the house now, and do want is needed.

It will cost you a lot more than £all away - tbh I don't keep my cerificates either .

If you were going to rent the property then it would need to have a valid certificate, but not if you’re buying.

As others have said you would have to get the boiler serviced regularly, so why not do this once you’ve completed.

Is there more to this if you don’t trust the vendors?

What document were you hoping for? Unless it's rented out and needs a gas safety certificate, then it's most likely there'd only have have been an invoice issued by the engineer.

Honestly, for £60, I would forget it, not worth spending the time or head space discussing it further.

I couldn't tell someone when my boiler was last serviced. Maybe the company I use keeps records but I just ring them every winter and they come round. I don't think I've ever had a certificate!

I would pay to have it serviced before exchange incase it was not working then can negotiate price down, I would not be quibbling over 2017 documents

This is a total non issue. If you want the boiler serviced, you get it done when you move in. This is like asking for proof they had the carpets cleaned.

Stop getting your knickers in a twist and exchange. You'd be doing my head in if you were my buyer to be honest.

I really wouldn’t get upset over this.

Just get it serviced when you move in. We never get a certificate when we have ours serviced every year because we just use a small local gas safe man.

To be honest any boiler can break at any given moment so the best you can hope for is that it’s working and safe when you move in and go from there!

I take all your comments on board, the way i see it is I firstly have really felt that a lot of the things that have been said hasn’t been truthful, and there has been proof in the pudding with a couple of things that came out in the survey and with the drains (e.g. we were told the problem was one thing but was very cagey, so we spoke to the water authority directly and it wasn’t the issue that we were told at all, not even close) and if you get the feeling someone isn’t being truthful it makes your wonder why and what is there to hide...
Secondly if you were buying a car which had no service history but the person you were buying it from said it had definitely had a service done, would you just take their word for it or would it put you off a bit that they couldn’t prove that it’d had it? It’s about understanding how something has been looked after, I completely understand it could break down after a week of moving in, but like the car analogy if you go ahead and buy a car with no service history you know where you stand.
Lastly, we have been extremely accommodating and really pushed to fit in with the sellers schedule and time frames of when they are wanting to do things etc, fortunately we are in the position to not have any constraints, but it can’t all be one way and I think as a buyer I would have expected a little more courtesy and understanding of how accommodating we have been to their schedule, it’s a bit of an unusual position to be in feeling like your technically the customer yet the person your buying off is dictatating everything...
For those saying it’s not the law etc I know it isn’t, however as I have mentioned it’s formed part of the pre-contract documents, so if it’s found to be untrue then it is misrepresentation, i’ll leave this article here www.lovemoney.com/news/21315/what-should-you-declare-selling-your-home-property-information-form Thanks for your input eveyone, I’m sure it’ll be resolved just very frustrating when everything seems to be very one way. I appreciate people taking the time to respond but no need to continue this thread x

They have no reason to lie about a service. They could say it wasn't serviced recently, and then what? You still couldn't demand they pay to get it done.

I think you're expecting far too much from these people. They're selling you their house and all that comes with it, not the promise of a trouble free life. If the boiler does break down next month, that's just bad luck, and a missing service invoice from last year wouldn't be to blame.

it’s a bit of an unusual position to be in feeling like your technically the customer yet the person your buying off is dictating everything

Welcome to the world of buying houses!

If it helps, we had similar issues with the vendor my son was buying from. Property was priced quite high compared to others in the same area because it looked in good condition. On the first viewing they made my son think that the kitchen, boiler and electrics were new, but the survey showed that the boiler was in fact very old. They were able to produce a receipt for the boiler service but no report on it's performance. Then when enquiries were made of the newly fitted kitchen the vendor stated that the kitchen was installed before their ownership (they'd owned for 12 years) and therefore had no certificates. The vendor also put on the Property Form that they'd had new windows installed and enclosed a Fensa Certificate but turns out they didn't seek Landlord consent for the installation. They had also removed a wall in the kitchen (they proudly told us this on viewing) then denied it when queried later and refused to obtain landlord consent or an indemnity policy for lack of building regulations.

It was almost laughable how they twisted and turned everything and point blank refused to do anything to move the transaction along. It ended up being dragged out over six months. I am a conveyancing assistant and did have access to the file (though not allowed to work on it as it would be a conflict) so could see the constant "no we don't have any documentation" on every response to enquiries we received. In the end, we paid for the indemnity and got the boiler serviced after completion, but it left a sour taste.

As others have said, if you love the house just get your own service done after completion. It's annoying but is not a massive amount of money to pay out in comparison with how much the house cost. Unfortunately, while the Property Form does form part of the contract, getting sellers to recompense you for anything is not worth the hassle of going to the small claims court. The solicitors can only write to each other but if the seller ignores any contact after completion, then the small claims court is the only recourse.

Always make me laugh when the OP tells everyone to finish the thread 😂 it doesn't work like that.

If it is going to make a huge difference to your confidence in the sale, ask if you can pay for it to be serviced before you exchange. It doesn't cost much and will give you peace of mind.

Strange sense of humour you have there then.

@CSR2706 even you haven't followed your instruction though 😁

Why do people get so excited about a gas service? Its no big deal..

Something smells fishy here. Why are they so reluctant to get it serviced? They are willing to lose a sale over it?

I would visit the house again with a gas safe engineer and get him to see the boiler.

A boiler service is like an MOT. It just shows that everything was safe on the day the engineer visited but who knows what has happened since.

I’m going to go against the grain and say that you should push for them to get it done. I think it’s suspicious that they don’t have the documents because how do you know the results of the service? Also, years ago my mum bought a house and didn’t ask to see any proof of boiler service. She arranged a service herself once she’d moved in and found that the boiler needed to be replaced for various reasons including the fact that it was leaking carbon monoxide into my brother’s bedroom!! She wrote to the seller about this (just venting really, not expecting anything to come of it) and while he said he knew nothing, he sent her a cheque for £500 as a “goodwill gesture”. Now that’s a guilty conscience right there!

Just to add, I don’t think the seller knew about the carbon monoxide leak but I think he definitely knew the boiler was in poor shape, hence the cheque.

What document were you hoping for? Unless it's rented out and needs a gas safety certificate, then it's most likely there'd only have have been an invoice issued by the engineer.

A Gas Safe Service/Maintenance report should have been issued. The engineer should also retain a copy.
www.gassafetyshop.co.uk/products/Gas-Safe-Service-and-Maintenance-Record

This is different to a Landlord’s Cert

www.gassafetyshop.co.uk/products/Landlord-Homeowner-Gas-Safety-Record-Personalised