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Comments
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The effect of turning the isolator off would be no different to there having been a power cut. If the system can't cope with a power cut, it's a pretty poor system.0
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When did the check report take place after you left the property. When did the cleaner come? Was a cleaner employed by yourself or the agent?
Remember that if it goes to arbitration, the onus will be on the LL to show that you owe that money, not you to prove that you don't (although the latter will help of course).0 -
Thanks Fbaby, the cleaner was ours. There was five days between our move out and the end of the tenancy (and when the inventory was done). I think we have to accept that the mains switch of off when we moved out0
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The effect of turning the isolator off would be no different to there having been a power cut. If the system can't cope with a power cut, it's a pretty poor system.
The likely cause of a pump seize would be if the power had been switched off for a length of time (days/weeks), not a short power cut. Modern boilers are sensitive souls and cannot tolerate things out of the normal in the same way traditional boilers could.
OP, did the landlord leave you any instructions for the boiler which said not to turn the power off? For example the boiler instruction manual, a notice on the boiler, or any other paperwork for the house?
Repairing a siezed pump shouldn't normally cost £1000, but again with modern boilers you never know. A siezed pump on a traditional system could be fixed with a 2p coin and a screwdriver in under 5 minutes - in this case it might have required fitting a hard to source replacement pump."In the future, everyone will be rich for 15 minutes"0 -
Thank you each penny. No we were never given any instructions in relation to the main switch0
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If they failed to give you a written instruction not to turn off and the switch was not clearly marked "DO NOT TURN OFF" they are on a hiding to nothing !0
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Thanks molerat, this is all very reassuring. I will mentioned this fact when we raise the dispute. Interestingly we have made a couple of requests for an itemised bill from the landlord which he hasn't yet provided. I know the cost of the model is just under 1k. I also read that tenancy disputes will not provide a ruling on new for old and will take wear and tear in to account sop hopefully that works in our favour. My partner also pointed out this morning (after he had cooled off overnight
) that's the pictures the landlord provided don't prove the boiler was broken - only that it was turned off. The fault which caused the breakdown could have been caused at any point thereafter. Anyone have thoughts on this? 0 -
The point molerat and I were getting at is if the LL didn't give you an instruction not to turn the boiler off then the rest of it isn't relevant. You couldn't know that damage would be caused by turning off the power, and it is not an unreasonable thing for a tenant to do - most people leaving a property would want to isolate electrical equipment for safety. Except for example a fridge/freezer which could cause water damage. Unless a specific instruction is given then common sense applies."In the future, everyone will be rich for 15 minutes"0
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Just dispute it through the deposit protection scheme.0
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- you don't owe the LL for a new boiler, but the cost of repairing the old one. He needs to prove this cost (i.e., send you a quote for repairing the old boiler)
- he needs to prove you were negligent. Sounds to me like he will have difficulty. "no light at the mains" can be challenged. Perhaps the bulb/LED simply went? Why didn't he take a picture of the switch in the off position? Has he any proof that the boiler didn't start when he tried? Were there warnings not to switch it off (as others have pointed out)? All seems doubtful.
- he needs to prove that your negligence actually caused the damage. You have already considered this point. Has he sent an opinion from a plumber/heating engineer? Is it simply his assertion?
Normally you would be sent a report from a plumber/engineer, clearly stating that the fault was caused by the isolator switch being turned off, and a quote for fixing it. If he does produce a report, then you should probably get your own from an independent plumber. Tell them the situation and ask if they can provide an opinion.0
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