Vendors replaced boiler

[badheadday]

So we're moving house, have agreed a completion date for a couple of weeks time. We sold our house early to avoid losing the sale and the vendors agreed to contribute towards our storage. Today we have had an email saying that the boiler broke down, they had a gas man out to look at it, he gave them a few options but they decided the fairest thing would be to install a new boiler, which is being done today. Because of this they can no longer contribute towards our storage.

I've just got a funny feeling about it. Would you really buy a new boiler 2 weeks before moving out? They've clearly gone for one of the cheapest options so we feel it would have been nice if they could have discussed it with us so we could have a say in it and maybe pay a bit extra if we wanted a slightly better boiler but as it's being installed today it's probably too late to have that conversation. What would you do if that was you? Everyone I've asked says they would just have it repaired.

Have you exchanged already?

What do you expect them to do if the boiler broke? Live without one until they move? Would you want to move into a house with no boiler?

I'm not sure they've done anything wrong really, I'd rather have a new boiler than a condemned one . I wouldn't be bothered .

When my car broke on the day I was selling I paid to get it fixed. It was just bad timing. Perhaps they felt the same. I do agree though that it would have been better to have spoken to you first incase you wanted an upgrade. I assume they are doing like for like?

@HasaDigaEebowai no not exchanged yet.

@shittingthreeeyedraven @hassletassle We massively appreciate them getting a new boiler fitted but they said they were given a few options so assume one of them was a (cheaper) repair. Are most people kind enough to buy someone a new boiler? And why didn't they tell us so we could have a say in the matter and contribute towards any additional cost?

Surely put that money you would have put towards the additional cost towards the storage you want them to pay for?
I don’t understand the problem?

Are they still living in the house? If so I presume they'll need a safe, working boiler.

It's a difficult one. I get what you're saying, but if the plumber had said, well I can fix it, but there's no guarantee it won't break down in a couple of weeks, and they chose that option and then it did, just as you moved in, then that's not great either!

I wouldn't want to live without hot water for 2 weeks so yes, I would replace it.

Are you sure they're actually replacing it though? Did you check what kind they had beforehand? I'd probably like some proof that the work was in fact carried out.

I think maybe if you'd exchanged they'd have spoken to you ... maybe fixing it up was marginally cheaper ... I just can't see the issue. I think I'd be quite pleased.

Did your survey comment on the state / age of the old boiler?

In the great scheme of things, you are a new boiler up. Make sure you get the guarantee / warranty assigned to you once you have exchanged / completed.

They were probably faced with needing to make a quick decision to avoid living without a boiler for two weeks. But yes, it would have been nice had they discussed it with you.

In the end, it was your decision / responsibility to decide to complete on the same of your old house, and presumably you did it because overall it was for your benefit. So given that the boiler was probably £4k and your storage a LOT less, I would say you are ahead.

I'd suck it up. You'll be getting a brand new boiler now, which is not without its benefits. When we moved into our current house it transpired after 3 months the boiler was dangerous. after a trip away when I realised I wasn't coughing myself silly after cleaning my teeth (boiler was in the kitchen the other side of the wall) I was beginning to suspect the boiler. Then got home and it blew up one Saturday morning. Plumber out who condemned it. So emergency replacement in late November as it got cold in an old house with no fireplaces... I'd say that ultimately you'll gain. No idea what a boiler costs now but probably more than your storage costs?

Impossible to tell really, they could have done it so as not to leave you to sort it when you moved in, but as it's in lieu of something else that was agreed (storage), they should have discussed it with you imo.

If you've not exchanged yet they're probably thinking of all the legal ramifications if they did install a boiler that you preferred, with you paying for any additional upgrade. If something goes wrong and the sale falls through they'd be in a sticky position of having something in their house that you contributed to.

Most solicitors would advise against contributing anything towards a house that you don't actually own or haven't exchanged on for that very reason.

You can always (and actually should) ask your solicitor to get a certificate from the vendors showing that it's been properly installed - any boiler company worth their salt would have provided that with all the receipts etc and they now form part of your completion.

They have advertised the house with central heating, which means a working boiler in safe condition is part of the deal. They didn't really have a choice about sticking to the usual contract terms, which both your solicitors will have agreed.

I'm not surprised they didn't invite you to choose the new boiler. They have to pay the gas man .  You could have  said " install the most expensive one " but you would not have paid  for it until completion.  There's always the chance a conveyance  deal might fall through and you would pull out of the sale.

  They had no choice, they had to replace the boiler,  and whatever they chose  will come with a guarantee.

Well as you haven’t exchanged you can’t expect them to live in a house with no boiler. In addition until you exchange they have no comfort that you will go through with it, hence not asking you to contribute

Are your already out of your house with your stuff in storage?

I think what goes on in their house with regards to their boiler is none of your business, as long as there is a working boiler when you move in.

By the same token though, the fact that their boiler broke and has cost them money is their problem, they don’t get to renege on the deal to pay for your storage because their boiler broke.

By the same token though, the fact that their boiler broke and has cost them money is their problem, they don’t get to renege on the deal to pay for your storage because their boiler broke.

Yes I have to say I agree with that.

If you haven't exchanged, then it could all collapse tomorrow, leaving everyone in a very awkward situation if they had done something on the proviso that you wanted it/were going to contribute etc. At the moment they have to proceed as they are I would say.

@KitchenFairy

Are your already out of your house with your stuff in storage?

I think what goes on in their house with regards to their boiler is none of your business, as long as there is a working boiler when you move in.

By the same token though, the fact that their boiler broke and has cost them money is their problem, they don’t get to renege on the deal to pay for your storage because their boiler broke.

This!

They wouldn't live for x weeks with no boiler. It is not connected to them paying your storage at all. You should say you still want them to pay for storage as agreed.

I know what you mean - we chose a higher capacity boiler than the minimum one the plumber recommended. It wasn’t that much more but Obviously I would’ve chosen the cheaper one if I’d been moving out in two weeks. I presume you mean you have contributed to any up-spec if they’d asked you?

Sounds fishy to me OP. They should have consulted you, and how convenient that this means they can't pay for something they've previously agreed to pay for. I'd be telling my solicitor frankly, see what they say.
A new boiler is a couple of grand minimum. Have you seen the order? The guarrantee? Or is this just what they're telling you?

Is the contribution to pay towards storage a contractual obligation or merely a gesture of goodwill which they can of course withdraw as they have here.

What's the difference in price. Storage v boiler?

If its before exchange then its up to them what boiler they replace with.
That said if there was an agreement for them to contribute to your storage costs you are within your rights to say you want this to still happen.

Ultimately if they didnt replace the boiler they would have no boiler and i suspect you would have refused to exchange if you had known so its on them and part of their responsibility as home owners.