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Original poster

Legal advice - help!

19 replies

Sorbustree123 · 25/02/2021 23:51

Bought a house, moved in and found out the same day that the boiler is not safe to use. Prior to exchange, recieved Inspection Report carried out by Gas Safe registered engineer stating it was safe to use! Have now had an inspector from Gas Safe inspect the boiler and confirmed it's not safe to use. We are now looking at ££££ for a new heating system as the currently one is an irreparable back boiler, plus huge disruption whilst works are carried out. Do we have a claim? The Gas Safe inspector has provide a copy of his report. Has anyone had experience with a similar situation? Huge thanks in advance!

OP posts:
catndogslife · 26/02/2021 16:54

I would go back to the solicitor who you used when you bought the property.
There may be a system that would cover you if a problem occurred between exchange and completion.
However I cannot be sure that you will get compensation if the boiler system was very old, which is likely with a back boiler system.

Fleurty · 26/02/2021 17:02

Assumjng you're in England (as I don't know about Scottish system) did you ask for the inspection on the boiler or did the vendor supply it? If you paid for the inspection you can go back to the engineer who provided it. If the vendor did then it isn't a legal requirement to provide a safety cert for boilers when selling so I don't think you'll have much comeback I'm afraid.

Original poster
Sorbustree123 · 26/02/2021 17:37

Hi both. Thank you so much for your replies. It doesn't sound too promising does it. We were advised by our solicitor to request the boiler service prior to exchange. We passed this request on to the estate agents, who liaised with the vendor, who arranged and paid for the service, and then we recieved a copy of the Gas Inspection Report issued by a Gas Safe registered engineer, stating the boiler as being safe to use. The subsequent inspection by the Gas Safe Inspector found multiple defects and immediate danger. He disconnected the boiler at the end of his visit and highlighted issues like inadequate ventilation. If we do try to make a claim, can anyone recommend the best way to go about this? We asked our solicitor and they have recommended a solicitor at another firm, as ours specialises in conveyancing but I'm nervous about the costs. Would Citizens Advice be able to help? Or someone else? Thanks.

OP posts:
Original poster
Sorbustree123 · 26/02/2021 17:38

Forgot to add, yes we're in England.

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NachoNachoMan · 26/02/2021 17:41

Surely inadequate ventilation would have been apparent at the first inspection! How long between the two inspections, surely regulations haven't changed in what's presumably a really short period. First inspection sounds a bit fishy, can you search their credentials on the Gas Safe website?

pilates · 26/02/2021 17:43

Speak to your Solicitor. I’m not sure there’s a lot you can do now you have completed but it may be worth your Solicitor doing a letter to the sellers solicitors. Don’t hold out much hope though.

Original poster
Sorbustree123 · 26/02/2021 18:09

Thanks again for your replies. It was about 10 weeks between the original boiler service and the subsequent inspection. It does seem very reasonable that it should not have been passed as safe to use in the first place. That said, the original engineer is Gas Safe registered and appears to have an well established reputation according to recent online reviews. But something about it all doesn't feel quite right. Any further advice would be very welcome. Thanks.

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CatAndHisKit · 27/02/2021 02:13

maybe he's a friend of the vendor! But I think you can clain against the inspector, not the vendor, as he couldn't be responsible for inspector's mistakes (if it's all bona fide).

Hmmph · 27/02/2021 14:39

I am slightly confused as to why you arranged a second gas safety inspection on the boiler on the day you moved in after you had received details saying it was safe 10 weeks earlier. This implies to me that you thought there was a problem before you moved in? Unless I have misunderstood your story, I don’t think you’d have any recourse if you bought the house suspecting a boiler problem?

Original poster
Sorbustree123 · 27/02/2021 22:45

Hi @Hmmph, sorry I should have explained that we arranged for a plumber to come to the house the day we moved in, to quote for removing a very tired en-suite (currently squeezed into a cupboard) in the main bedroom. We wanted to get this done ASAP so we could start using the bedroom. By chance, he caught sight of the boiler and said that it didn't look safe and, if he was us, he wouldn't even turn it on. It was quite a shock, having only been in the house for a matter of hours.

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Hmmph · 28/02/2021 10:00

@Sorbustree123 (love the name btw!) that makes more sense. As others have said, I would say that your legal action would be against the engineer who said it was safe 10 weeks previously and not against the vendors who can’t be expect to know that a boiler was safe or not anymore than you could. Would the engineer be CORGI registered and would they be the people to complain to?

notapizzaeater · 28/02/2021 10:20

I'd be querying it with the first engineer and reporting it to the gas safe register

FlumpetCrumpet · 28/02/2021 10:29

How well do you know the plumber that said it was unsafe? Looking at it from an outsiders perspective, assuming that both engineers are independent and corgi registered, the opinion I'd be wary of is that one that has said you need to give them thousands of pounds to fix a problem. Could you get another engineer in to give you a second opinion?

This is a shitty problem for you though, why is life never simple?!

emmawhite123 · 29/11/2021 17:10

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Frecklespy · 29/11/2021 21:53

The boiler may well have been safe on the date that the first engineer did the inspection. Unless you can prove the boiler was not safe on that date, I don't think you will get anywhere. The vendor has only got to say that the boiler was in good working order at that time, so no need to compensate you for a boiler that failed after that date.

LaLaFlottes · 29/11/2021 23:40

If it’s unsafe now due to things like ventilation surely it can’t have been safe 10 weeks ago?

Definitely query with the first engineer.

purpleme12 · 29/11/2021 23:46

Surely many boilers which are condemned, were at one point safe to use

Geekygeek · 30/11/2021 11:31

Although a pain, how much life you have expected from a xxx yr old back boiler? They are no longer manufactured and increasingly hard to service and repair.

You would have to replace it at some point in the near future, although no doubt would have rather got a bit longer out of it. Even if you could find someone liable to “claim” off, your actual loss is very small.

We had similar with a 15yr old combi boiler. Packed up a week after we moved in. Had plans/budget to replace, but would rather it has given us a bit more time. Joys of home ownership.

languagelover96 · 30/11/2021 12:59

Speak to the solicitor and also a engineer.

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