Tenant got a heat pump installed without consent

[Kimmers4334]

I am in two minds about this because it’s an upgrade to the property, but it’s a pretty significant and permanent thing that I’m now responsible for.

So as not to dripfeed, the tenant asked if they could have an appointment to see if the property would qualify for any upgrades. I agreed but was very clear that I’d want to see plans/recommendations before I agreed to having anything installed. I heard nothing further and then the letting agent sent me a certificate for work I know nothing about. There is a good chance I would’ve agreed to the heat pump, but that would depend on me having all the information. On principle I am pretty annoyed that the tenant, letting agent and installation company didn’t actually seek permission to go ahead at any point.
What would you do in this situation, complain to someone (letting agent? Installation company?), see it as breach of contract by the tenant, or just let it go as it does benefit the property?

That's pretty much what i found out when i did my due diligence. I understand that there is also a growing problem of fires being caused by house batteries. a bit off topic but I am generally wary of government, both local and central, offered deals There were all sorts of problems because the installers were not properly monitored by the councils who ran the schemes and who then disclaimed all responsibility when installations went belly up. A mate of mine had extra loft insulation put in, just the floor stuff and ended up with a massive trickling water condensation problem caused by the installer blocking off the ventilation. It took her a year to get it sorted. if it sounds too good to be true and all that.

You simply cannot let this go.

This is a major change to the property and not something that is quickly reversed either.

I would be removing the agents rights to authorise anything and arranging an emergency inspection of the property as well as an independent audit of the installation.

To be honest I'd want those tenants out. What next? Re-arrange an internal wall? You can never trust them again.

Your post is on Facebook. This is one of the replies....

Surely the grant eligibility is assessed on the owner not the tenant? I would get some legal advice !

Absolutely do not let it go. You don't know who installed it, what info was given, and known nothing about the quality and standard of fit.

If it goes wrong and causes damage or injury, it's on your head.

Until something goes wrong and the landlord is totally done over.

How can a tenant be eligible to get a government grant for a heat pump to be installed in a property they don't own?

The whole things sounds like a money making scam to me. From start to finish. They may try to get their rent reduced on the ground the property was so cold, bills do large. They had to pay to have this heat pumps installed to improve matters

Are they pretending to own the property for whatever reason so that it will benefit them is some respect.?

They could in theory be subletting it to other people who don't live there but are claiming housing benefit

I would investigate this thoroughly, take out the heat pump and get rid of them.

Eligibility is assessed on the property, not the owner or the tenant.

so landlords with huge portfolios (not necessarily this OP) can get a free heat pump whereas I can't? Doesn't seem fair?

@catlover123456789 so landlords with huge portfolios (not necessarily this OP) can get a free heat pump whereas I can't? Doesn't seem fair?

It's much more complex than that. Yes the building had to have a poor EPC rating and even then certain improvements would count you out of a grant even if they didn't raise the EPC sufficiently. Someone in the household would have to be on certain benefits, the occupant's total household income must not exceed a level but you could also be eligible if you had certain health issues. And even those not hitting these criteria could possible get an ECO Flex grant. These were over seen by the local council and based around improving housing stock in specific poorer districts - a bit of a postcode lottery.

For those in rented housing only private LLs could apply. The exact definition of private I don't recall. And some would, when asked by the tenant if they could apply, say yes and then tell the tenant they'd put the rent up as it was a nicer house. Experience tells me an awful lot of LL are shysters or worse.

And even if you, as a householder, owned or rented, ticked all the boxes there would then be a hunt for a company to do the work. As I said in PP they wanted big jobs that kept their crew busy. Only as the scheme ran down did they start chasing the smaller or more tricky jobs to ensure their grant allowance got spent. Some resorted to door knocking at houses that looked promising or by trawling the EPC database. It was and probably still is the Wild West.

So the application IS based on the owner then? A tenant on benefits cannot apply for a grant for a landlord who has loads of money? So what if the grant has been approved based on wrong information?

@catlover123456789 'So the application IS based on the owner then? A tenant on benefits cannot apply for a grant for a landlord who has loads of money? So what if the grant has been approved based on wrong information?'

The ECO4 criteria was based solely on the occupant and the property but in the case of it being a rental the landlord would have to give permission. The landlords financial situation is irrelevant. Which doesn't seem very fair but the aim of these grants is to improve housing stock and the occupiers health plus cut emissions. Yes than meant some people missed out for seemingly trifle reasons and some already wealthy people got a better asset at no cost to them. The checks were pretty thorough - often to the point of our frustration - but no doubt the system got gained. Unless you made the criteria and checks so tight no none got a grant it's inevitable.

Generally landlords have far less reason to put them in for tenants as heat pumps generally cost more to maintain (a landlord cost) and less to run (a tenant cost).

So it makes sense for the government to incentivise landlords too, if they want to encourage heat pumps.

I have no idea whether you can get one or not. If you're a tenant, have you tried asking your landlord and showing them how much of a grant they could get?

It seems there's more than one scheme. The boiler upgrade grant doesn't have an income or benefits criterion.

I am based in South Africa, but I lived and worked in the UK for a good while and rented there myself, so this one caught my eye. A few thoughts from someone who runs a letting agency at the other end of the world.

The breakdown here sits mostly with the agent, but not only with them. My first question would be a simple one: who gave permission, and where is it in writing? Start there, because everything else follows from the answer. The tenant asked and was told the owner wanted to see plans first, so the tenant does not walk away from this either; proceeding without that sign-off is on them too. But the greater share is the agent's. They manage the property, which means for these purposes they are you, the owner. A permanent alteration to your asset went ahead without your written authority, and the agent is the one party in the chain paid to make sure that never happens.

We run a very simple operational view on this in my own agency: if it is not in writing, it is not authorised. Our lease carries a clause dealing specifically with this kind of situation. The agent's line should have been "we have plans before anyone proceeds, full stop." So I am sorry this is your experience, and you are quite right to be annoyed, I would be too. Whether or not the work is a gain to me is beside the point. It is my property and I make the decisions on my property, and that is exactly what I would have expected the letting agent to respect.

So I would put it to the agent in writing and ask: who authorised the works and on what basis; copies of everything signed, including anything signed on your behalf; the guarantee and commissioning certificates registered in the owner's name, not the tenant's; confirmation your insurer has been notified; and confirmation of what happened to the old system.

That last point matters more than people think. If this was done under a grant scheme, the property owner is normally the applicant, so it is worth establishing exactly whose signature is on the application. And be careful about accepting the certificate without comment, because that can be read later as consent after the event.

You may well end up happy with the heat pump. But you now own the servicing, the warranty position and the eventual replacement cost of a system you never approved, and that is the part to get straight in writing before you decide whether you are relaxed about it.

An agent's job is to bring you the decision, not the invoice.

I would want to know how I could get my boiler back.

@ClayPotaLot 'It seems there's more than one scheme. The boiler upgrade grant doesn't have an income or benefits criterion.'

Which scheme was that? We were involved with a lot of different grants and schemes from nationwide ones like ECO4, GBIS and LEAP to ones run by local councils and they all had similar eligibility criteria. Even the free servicing and repairs offered by BGETs and Cadent required them.

@Kimmers4334 have you been to the property yet?

This one: https://www.gov.uk/apply-boiler-upgrade-scheme/check-if-youre-eligible

@ClayPotaLot Ah got you. Aimed at tempting self-funders to go for it, the grant won't cover the whole job, often by some way. Very different to the work we did, though we did point a few people towards that when they clearly had enough to self-fund.
I don't think OP has made it clear if their tenant got a whole job on a grant or if it was the upgrade scheme.

It sure @Kimmers4334 knew which scheme was used, and regardless she didn’t give permission and doesn’t actually know what has been done. It’s a mess and hopefully it is an improvement.

I don't think OP knows yet! Not her priority I wouldn't have thought. Her post isn't about the grant, it's about her tenant and agent getting work done to her property without her consent. How they funded it (though it makes sense they'd be looking at a scheme like the ones you have experience of that cover the whole cost) is irrelevant, really.

@Kimmers4334 Have you had a proper response from your agent yet?

Not what I would call “proper”, no. He has denied all knowledge of the work in writing and I believe him about that. But he is being very measured in his responses which I don’t feel reflects the seriousness of the situation in terms of potentially forged documents to get a government grant, and the safety of the equipment. I asked him to go round, instead he asked the tenant for photos.

The tenant says he told the company rep that LL permission was required and because the work went ahead he assumed it had been given directly to the company - I feel it would be stupid of him to expect anyone else to cover for him or hide documents he had forged if this is not the case. As I said previously, the company has it in writing that I own the house and wouldn’t be agreeing to anything without seeing plans.

However, the company that I thought did the work has actually used a subcontractor for the work, not one I would have chosen after reading their reviews. I have asked both the tenant and company for all paperwork relating to the work, nothing received yet. Until I see this I can’t prove where the blame lies - but if everyone refuses to send it (or there is none) then moving forward will be difficult. Does anyone know what the grant documents for the landlord actually ask? A tick box can be easily forged, but no one in this process knows personal info such as my date of birth or full government name on my passport. I wanted to get the paperwork first before speaking to the company with complaints and accusations, but if they realise there is no paperwork they may just not reply to my email?

I know lots of people have said let it slide now that it’s done, but one of my main concerns now that I’m fairly sure the blame lies with one or more companies, is the actual safety and standard of the equipment. If nothing else it’s pretty heavy and it’s a period house. Someone on here also mentioned the warranty and who it’s registered to, so there are extra layers to this which need to be sorted out.

So I still don’t know for sure what has even been installed! I have not seen one manual, document or photo. I get the impression the letting agent is either downplaying or doesn’t really want to be involved. But I live at the other end of the country and pay him to be involved, so he will now be getting a pretty stern email about what I expect him to do and why. Even if he had no involvement, I see him as my representative to the tenant

If you are paying them a management fee then they absolutely need to inspect the property! Are they a member of ARLA?