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?

@Kimmers4334 How have things been going? Have you managed to find out how suitable the system is, who forged the signatures, what you can do about it all?

Just an update regarding the permissions etc.

The energy company accepted I was making a formal complaint but washed their hands of responsibility, saying obtaining consent falls to the installer.

The installation company has admitted fault saying they thought the energy company was responsible for obtaining consent 🤔, but they say they accept it was their fault and they failed due to an administration error and not due to an attempt to defraud.

They have sent the documents I asked for including the forms where the landlord permission is blank.
These have been signed by the tenant.
The installation company deny that they told the tenant that permission had been obtained. The energy company provided an installation agreement to the tenant and I believe it was them that may have said that as they thought it was true. The agreement doesn’t mention permission and names are printed but it’s not signed or dated.

The installation company has accepted the workmanship falls below acceptable standard and have offered to return to carry out an assessment and put right “undefendable installation issues”.

They have also offered to provide a “fair and reasonable” package of compensation to make up for their error – I need opinions on what you all think is fair and reasonable to see whether this matches what the solicitor said. At a minimum I will be paying hundreds more per year for servicing, but on principle I didn’t agree to any part of the system. My friend has moved to another country temporarily and let out her house - I just think what if this was my home? And suddenly there are pipes everywhere, radiators where I didn’t want them, potentially noisy heat pump etc.

Part of me thinks the only way for them to truly put things right is for the to restore the system to how it was, and make good. They would need to provide an acceptable replacement boiler for the one they took out

Realistically I can’t see that happening, especially as the system installed is one recommended for the future.

No amount of money will
compensate for having radiators and pipes where you don’t want them, but that is part of the system that’s been installed.

I think a reasonable sum to cover servicing and parts for maybe the next 10 years, plus a notional amount for distress is a sensible package.

I agree with @LumpyandBumps.

What are you doing about your tenant? And the letting agent?

You need to get it inspected by someone independent so you can properly assess what needs to be done tp remedy the situation

So, not having read the whole thread but keep seeing it pop up, can the radiators and pipework not be moved and made good, or larger K3 radiators fitted where the old ones were? There is usually a warranty on the ASHP, so agree a service agreement deal or get them to extend the warranty? Maybe get some compensation to use towards extra insulation and refreshing areas where the old work shows?

I would ring your local builders registration board or whatever you have in England and ask for the name of their lawyers. You want very, very good experienced advice - not your local in the high street.

Add the cost to whatever reparations you demand.

I think you go for complete removal and return to the original state or the cash equivalent plus your legal and other costs. I have in mind, but it would need proper legal confirmation, that the principle in law is that the victim (you) should have their state returned to what it would have been if the tort had not ocurred. We were missold an endowment mortgage, as many people were, and this was what the financial organisations involved were required to do.

I would contact a solicitor and demand that they remove it and replace it with a boiler and heating system (equivalent to the original one).

I think min I would want an independent assesment of the installation and a deatiled list of what needs to bring it up to spec and to make it viabkle long term.

Beyond that I think you need specalist legal advice about what to ask for - because I'd be very annoyed with everyone - at every stage here.

I also wouldn't be so keen to let the fraud aspect go either - though priorty would be getting my property sorted.

If you can get the orginal system back - I'd go for that on grounds it what you wanted for the property and you shouldn't be stuck with expensive yearly serving you never agreeded to.

I think you live a long way away, so have you been to see your house?

I would also want everything returned to its original state.

You have no way of knowing that the set up that has been installed (badly, by the sound of it) is suitable for your house.
Have you any idea of the ongoing costs compared to the original set up?
It sounds as though there is quite a lot of decorating required also.

At the very least I would be requiring an independent assessment of the system by an other company. I would also want the insurance to be paid for at least the period of the guarantee on the system. Reimbursement of the cost of the inspection and my legal fees. Decoration to make good any damage.

But its probably been damaged on removal - they dont expect it to be re used.

They'll need to pay for a new one

@Kimmers4334 what was the issue with the previous heating system ? Was it needing upgraded. Was it meeting the energy level criteria requested ?
Have they put the pipes along the outside of the wall as the proper way to fit is actually behind the wall sand replace / decorate. The lazy cheap way is the out on the outside of the walls.
What make if heat pump is it ? I wouldn’t say they are that noisy .

As I understand the OP, there was no issue. It seems like the tenant just decided to do it!

OP, this is just so shocking.
Have you served notice to the tenant?
I'm not doubting this for a minute but it is nearly unbelievable.

I would want that tenant out.
I would be looking to sell the property after the work is fixed, repainted, compensated for being empty.

Also covering the cost for maintenance checks for 10 years.

I certainly wouldn't give a damn what happened to the tenant.

This is what you need. They need to pay for an expert to asses what needs to be done, they then do what's required and then it's assessed again with an independent report for you.
Ultimately it will be a good thing lpng term but it needs to be done to the correct standards

You didn’t want the heat pump and didn’t agree to it. And as you’ve pointed out, you will be liable for much larger service charges going forward. Not to mention the pipes and radiators where you don’t want them. Personally, as they have admitted it’s their error, I would insist that the new system is removed and the original system reinstated. All work must be made good and they need to cover the cost of decorating and replacing any damaged areas. Get quotes so you know what you are looking at. As for compensation, they would need to cover all legal costs for a start and then you need to think about how it has affected you. Are the tenants still living there? If so they will be paying rent so no loss there…. I would go for a small amount maybe £5000 as a gesture of goodwill, but I would definitely want that system removed and the original replaced. And then give notice to the tenant!

I still am gobsmacked that any tenant would think this is acceptable. And I'd want them out before they get any more bright ideas.

I didn't mean the original parts - which have almost certainly been scrapped and are long gone- I meant the equivalent to the original system ie new gas boiler and any pipes removed.

So the new heat system is removed from property as owner never gave permission for it and any impact made good ie as original before any work was done.

Sorry though that was an obvious assumption in my reply.

I have just also thought of the government grant aspect. This needs to be sorted, repaid, and any legal aspects or government requirement problems dealt with by the people who screwed up so as to put the OP back where they were before all this mess happened. The OP did not agree to any grant application or make any application herself and this needs acknowledging and fixing.

yes I understood that!

I think that there has clearly been a mishap of communication here. You instruct the letting agent to manage the property on your behalf and given this heat pump has been installed - although you were asked initially, you were never consulted on the go ahead….
Unless the tenant did not tell the letting agent at the time, then this would be a fault on agents and it would make me question the relationship with them going forward.

You would need to know this information anyway for insurance purposes..

On the other hand - the tenant clearly sees themselves renting your property long term or even planning to buy it from you in the future…. So it could work out well.