Letting agent - demanding repair charges for Boiler Fan

addictive_saver · 17 June 2007 at 3:10PM

Hi,

I am having very bad times with my letting agent.

I got the house from a letting house in Feb 2007.

I consulted my previous tenant (in the same property) about using Central heating system for heating my house. He had been using 'Isolator Switch' to turn the heating 'on' and 'off' so I have been using it the same way.

Recently, I had problem with the Boiler and the boiler has stopped working. I called up my letting agent and they immediately sent out the engineer to inspect/repair the boiler.

The engineer inspected and asked us about our method of using the boiler. I told him about the usage of isolator switch and also that I had been using the same to turn the central heating on and off.

The engineer reported the inspection results back to the Letting agent. I received a letter from the agent stating that -

Usage of this isolator switch has caused damage to the fan inside. The switch should only be used by the professional plumber. The agent is getting in touch with the landlord to get to know whether its covered by the insurance. In mean time, the agent is demanding £500 from me for covering the damage charges.

The point to be noted here is: There is no warning stickers around this 'Isolator Switch' stating the switch should ONLY be used by professional plumber. And there was no way, I could have come to know that I shouldn't be using this switch.

Could anybody please guide me in this regard? I strongly feel that this cost should be covered by the insurance.
Because there were no warning stickers around, I don't think this makes the case of 'misuse' .

Mean time, I have been to 'Citizen's Advice Bureau' in my town to seek advice. They have asked my resist paying the damage charges and dispute on this. They have advised me to hightlight the fact that there were no warning messages to alert me about usage of this switch. As the previous tenant was also using the same switch, it looks like the standard way of using the appliance.

I would really appreciate the advice in this regard.

thesaint · 17 June 2007 at 3:14PM

You are being taken for a ride, let them show you the regulations regarding a " Professional isolator switch".

By their nature, isolators need to be accessed by the average person.

Shambler · 17 June 2007 at 4:19PM

Why was there a need to use the isolator switch this way?

Is there no timer or on/off switch on the boiler itself?

As for it causing damage to the fan that is nonsense and I would want them to prove it caused damage...plus £500 is extortionate!

[EDIT] Were there any instructions with the boiler or did the letting agent tell you how to operate it?

Meatballs · 17 June 2007 at 4:55PM

If the previous tenant had been using it in the same way then you can argue any damage had already been caused.

If they haven't provided you with proper instruction on how to use the equipment in the house then how are you to know?

How is turning a switch on/off going to break a fan?

Guy_Montag · 17 June 2007 at 4:56PM

No instructions & no warnings? What were you supposed to do? refuse to pay & insist on getting the boiler fixed. However, don't expect your tenancy to be renewed.

Realist · 17 June 2007 at 6:05PM

What do you mean by a isolator?

Are you saying your turning the boiler off via a single pole fused switch thats positioned near the boiler?

If this is the case then thats acceptable and will not cause the fan to fail. Failier is most probs down to age and not user damage.

If they insist, get an independent report done and throw that at them but trying to charge you £500 quid is a joke and I would look else where for a rented property.

Regards.

olly300 · 17 June 2007 at 10:19PM

addictive_saver where you shown how to use the boiler when you moved in by the landlord or the letting agent, who acts for the landlord? Is there a manual for use of the boiler somewhere in the house in an easy to find place?

If not it's the letting agent who is negligent and you need to point out this out to the letting agent. The tenant who left is not responsible for showing you how to use the boiler.

In every rented house I've lived in the landlord has shown an occupant I've shared with how to use the boiler, and has left manuals for the boiler and washing machine somewhere. (The boiler instructions are normally stuck somewhere on the boiler or place next to it.)

I suggest any dispute you have with the letting agent be recorded in writing and send letters recorded delivery. If you refuse to pay it's likely that the letting agent will help themselves to your deposit on the landlord's behalf.

Pssst · 20 June 2007 at 12:31AM

I can offer some guidance on this matter . The boiler isolation switch offers a single point of isolation for all the electrical circuits associated with the central heating system. On many modern heating systems ,the correct method of turning on and off the central heating is by the use of the boiler controls/switches and or/timer/prgrammer i.e you SHOULD NOT use the electrical isolater as the on/off switch. The reason for this is (and this can vary from system to system!) Your boiler may well need to have power to it all the time becuase

(a) It may have a pump over-run circuit
(b) it may have a pump/boiler "exercise" program.
(c) the boiler may have a variable speed fan which needs power to run at low speed even when the heating is off

If you shut off the isolator then neither a , b or c above can work. Of course your particular system may have some,none or all of the above!

Now then,what damage could be caused? There could be potential for damage,it depends on the system. However i would tend to disagree with the assessment made by the CORGI guy. Of course its difficult for me to guess from a distance , I'm just using experience.

I would say in your defence that:

(a) You were not provided with documentation indicating the correct use of the system. Every Gas appliance/boiler that is produced is also sold with an installation guide and a user guide. Where is yours?

(b)you could also indicate that you have taken advice and you disagree with the assessment that use of the isolator caused the problem and that you would like an independant assessment.

Another piece of advice. Look at the boiler and find the exact make and model. Get on t'internet to the manufacturers web site. See if the user guide/installation and maintenance guide is downloadable. If not,contact them,order them,buy them and read them ! There may be some usefull info in there in your defence.

addictive_saver · 21 June 2007 at 3:52PM

Thanks all for your advice... the matter is going worse:

This is what I have done till date:

1. I approached Citizen's advice bureau regarding this and they asked me to resist paying for this. I wrote the following letter to my letting agent:

I refer to the letter I received from ‘XXXXX Property Management’ on 11th June 2007. The letter mentions that usage of isolator switch has caused damage to the fan inside the boiler and the switch should only be used by the professional plumber.

This letter is to inform you that I don’t accept liability for this damage because:
No instruction manuals for the boiler were handed over to me on the day of possession of property.

No Warning Messages/Instructions were found on the boiler as well as near isolator switch.

There were no warning message stating that the ‘Isolator Switch’ should only be used by the Professional Plumber

As per the clause 124 in the tenancy agreement: Landlord is obliged to insure the building and contents of the premises under the general household policy with a reputable Insurer.

As per the clause 125 in the tenancy agreement: Landlord is obliged to keep in repair and proper working order all the mechanical and electrical items belonging to the landlord and forming part of the fixtures and fittings.

I have taken advice from ‘Citizen's Advice Bureau’ regarding this case.
As per the above points, I believe that I am not liable to pay Boiler repair charges. I am quite positive that these charges should be covered by the Household Insurance Policy.

Lack of central heating is causing inconvenience for my family hence I request you to fix the boiler within next 10 days.

After this letter, the letting agent approached me and informed me that Landlord would bear half of the total repair cost (£250) and can I bear the remaining part.. But I wrote them another letter and told them I don't accept any liability for this:

This is the second letter from me to them:

Sub: Boiler Repair Charges (Ref: Previous Letter Date: 18-Jun-07)

Hello,

This communication is further to my previous letter (Date: 18th June 2007).

During our telephonic conversation (Date: 20-Jun-07) regarding the Boiler repair charges, you informed me that Landlord would like to bear £250 (GBP Two Hundred Fifty Only) of the total repair charges. You have also asked me if I could bear the remaining portion of the expenses i.e. £250 (GBP Two Hundred Fifty Only).

I am sorry to inform you, as stated in my previous letter to you; I am not liable to pay anything for this damage.

As per the clause 125 of Tenancy Agreement the property and the contents of the property are to be insured by the Landlord under the General Household Insurance policy. These expenses should be covered by the insurance.

I would request you to repair the boiler as soon as possible

Then comes the email from them:

Many thanks for your letter of yesterday.

May we draw your attention to clause 42 of your Tenancy Agreement which states the following: " To pay to the Landlord the cost of any repairs of any mechanical and electrical appliances belonging to the Landlord resulting from misuse or negligence by the Tenant, his family, or his visitors".

Please forward a cheque for £500.00 to cover the estimated costs of repairs to the boiler

I am about to write next letter to them :mad: but I would like to have some advice from MSEers regarding this case. I am positive that I would find some way out. Thanks all for your time and advice.

Regards

olly300 · 21 June 2007 at 4:03PM

Housing act 1985 section 11.

(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water

(http://www.letlink.co.uk/letting-statutes/statutes/landlord-and-tenant-act-1985.html#S11%20ROSL)

olly300 · 21 June 2007 at 4:06PM

Also point the letting agent to the:

Unfair terms in consumer contracts regulations 1999

The OFT "Guidance on unfair terms in tenancy agreements"

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft356.pdf

Point 42 of your contract could be considered an unfair term as:

No instruction manuals for the boiler were handed over to me on the day of possession of property.
No Warning Messages/Instructions were found on the boiler as well as near isolator switch.

page 17 of the pdf -

Transfer of repair obligations the OFT regards-
"... object to terms in the contract that require the tenant to carry out repairs that are the legal responsibility of the landlord."

Give the letting agent the web link and quote chunks out of the pdf as there is more in other sections.

Letting agent - demanding repair charges for Boiler Fan

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