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?

This would make me really cross. I would want to see the paperwork trail to see who acted fraudulently - tenant or letting agent or both. I would be demanding they cover the cost of an inspector of my choice to make sure all work was carried out correctly etc. Personally I would be inclined to pursue as much as possible with the letting agent as they are a business and would (I presume) be easier to hold liable. I can imagine a tenant just walking away from the situation whenever they wanted and being impossible to pursue in court because they were skint.

It’s a legal issue.

Who paid? Will the tenant be ripping it out and taking it with them when they move and replacing the old gas combi boiler and radiators
What else have they done without your permission?

Personally I would run a mile from having a heat pump. Several friends have got one and they don’t heat the room to the temperature I like. I always feel so cold. I think they are ok if you like wearing jumpers indoors or think 21degrees is hot.

But, pragmatically, is it a legal issue?

They have definitely breached contract, but would damages apply if they argue OP actually made a financial gain rather than making a loss.

And does OP want the hassle and expense of seeking legal advice and a court case for the sake of a few thousand pounds (at most).

It’s a tricky one. I guess it depends on the value of the house and how easy it is to reset if the OP gives the tenants notice.

Get a copy of The Tenancy Agreement then seek Legal Advice. Property Law is a MINEFIELD that one should NEVER navigate alone. Leave all emotions out of it and follow the Advices given. It will be well worth it.

There were no bargains during Covid

It got so ridiculous that I was at one auction where a small Victorian terrace house that suffered badly from having a large tree growing next to the brick work at the back of the poorly built kitchen extention and had also damaged a huge part of the back wall

The price it should have sold for was between £150,000-£180,000. Guide price was £75,000
Recently renovated houses along the terrace had sold for around £275,000

This place needed the extension and the complete back wall removing, tree removing. (Small garden 80ft tree) foundations dug and everything rebuilt, complete new roof including rafters, rewiring, replumbing, new joists and flooring in some rooms, new kitchen, new bathroom and walls re plastered and a damp course put in.

When the bidding reached £250,000 there were some snorts. By £300,000 there was laughter and at the hammer coming down at £325,000 there was more laughter than in any comedy club I have been to. People were pointing at the guy who won the bidding and were in stitches. There were men with tears in their eyes crying with laughter. The whole auction was pretty much the same.
But not quite as over priced as this lot.

Heat pumps don't work well on older properties. I'd be pissed off as the owner of the home they have to consult with you before doing anything. We even had to check about painting a wall when we rented. I'd check all the paperwork and complain to thr lettings that they've not notified me.

Have they removed a previously installed boiler? If so I'd demand the property be returned to its previous condition. Heat pumps are NOT an improvement to most existing properties and will cost more then gas to provide equivalent heating.

I think at this point, I wouldn't say anything to the tenant or letting agent regarding the issue. I'd contact the letting agent, and ask for all the paperwork that either they have or the tenant has, regarding the installation. What you don't want to do, is give either, the impression you are unhappy, because you could suddenly find paperwork disappearing into a black hole and you never receive it.

Play your cards close to your chest. Once you receive all the paperwork, it should become obvious who is to blame. The letting agency either signed the consent form or the tenant. At this point you don't know if the tenant took upon themselves, if then tenant did contact the letting agent or if the installation company didn't do their due diligence.

Once you have the paperwork and things look clearer, then you can speak to those involved who've screwed up.

If the heat pump was installed under a government grant scheme, such as ECO4, there is a documet that the owner of the property (landlord) must sign to agree to any works being done at the property. This document forms part of the compliance procedures for the grants and is mandatory in order to have the completed work signed off, so your signature has likely been forged by the tenant, agent or installation company. I would ask for copies of the paperwork from the installation company and also complain. If they do not comply to your request, I would then get on to OFGEM, who govern the schemes and lodge a formal complaint.

I think I'd let it go but tell the tenant in writing that if they make any further changes or have work done to the property without your clear written permission, they will be served notice.

You're right to be pissed off. If the tenant wanted to install a heat pump, fair enough but as the owner you should have been notified.

THIS IS GOOD ADVICE.

Glad you're not a lawyer . . .

@SBrook123 is correct, someone has given permission on your behalf, either implicitly or explicitly...no government grant would be handed out to a tenant without that permission being very clearly in place. In addition, the grant contract will have terms and conditions regarding maintenance and servicing, and these may be a long-term requirement (maybe up to 10 years) and will need proving maybe annually.

I'd chase up the agency to see who has done what and take it from there; you need to be sure that the work has been done to an acceptable standard and that you are not liable.

I didn’t know that. Don’t understand how that fits though with it being irreversible? Also that means the landlord must let them into their property?

It’s tricky. If you want them to remove the heat pump and expect them to pay for eg a new boiler then do you expect them to pay or would you foot part of the bill? I’d be furious with the letting agency and tenant.

I work in a branch of a housing association which lets out properties to tenants and this would definitely not be allowed. As to what we’d actually do… my boss above me would know.

Government grants for this guide of works go directly to the landlord, not the tenant. Has someone lied? Heat pumps are not what they’re promised to be tbh. I wouldn’t have one.

My understanding is once you've used a grant to put in a heat pump, you're not actually allowed to then change back to a fossil fuel boiler.

Just some additional points OP

I know you are, quite rightly, angry about this.

You need to be careful and pragmatic.

IF the installation is not up to standard, ( or even if it is, but you simply don’t want it) in theory your Tenancy Agreement gives you the right to insist that the Tenant returns the property to its original state.

You would probably need to take the matter to court to enforce this. In practice, however, your tenant was able to secure funding due to limited income.

There is no point in trying to obtain compensation if the other party genuinely has no money. At best you would get a compensation order with minimal instalment payments.

I would suggest that your pragmatic option is to try to make the best of the situation and secure whatever guarantees, warranties etc possible.

If it transpires that the letting agency is at fault you may have better luck pursuing the matter with them, or their insurance company.

It looks like a condition of the grant is that the system remains in the property even if the tenants vacate. That will of course only be useful if the system is indeed an upgrade by being fit for purpose.

Fgs.

Have they ripped out and scrapped your gas boiler!? I would be furious about that. The government grants rarely cover the cost of the whole thing, I got quotes and even with the grand it was a couple of grand on too.... I suppose the question is "what would you like them to do" because you could ask them to remove it legitimately and put it back to how it was, but presumably that will be hard for them to do financially. I'd speak immediately to your letting/management agent - I'm not sure it's necessarily their fault if they also didn't know about it? I would think it is the installation company and your tenants who should not have gone through with this. I'd also investigate how it's been done, they're quite ugly and large so detract from curb appeal imo, and require enhanced insulation as everyone has mentioned - can a surveyor go look and objectively provide feedback on if this is an actual upgrade or not, if they say not, I'd be expecting the tenant to return as it was and either way I'd see it as breach of contract.

Probably the cost of removing it and making the property good (i.e. putting it back in the state it was before the work was done). Plus, potentially, the value of the grant which OP cannot now apply for for the system of her choice.

I’d be surprised that the gov would give a grant for somebody to improve something they don’t own.

They don't. If they got a grant, someone must have lied.

Have you checked online to see if a new epc has been completed?

Normally with eco grants new epcs are issued .

Sounds like you need to book an inspection to see what's actually happened.