Servicing an oil fired boiler - how much and who is responsible?

Seakay

My sister lives in rented accomadation in rural Essex; her landlord's agents have just told her that she is responsible for getting the boiler for the oil fired hot water and central heating system serviced.
I know that landlords are responsible for getting gas fired boilers serviced, is this not the case with an oil fired system as well?
Also, if she does have to get it serviced herself, does anyone have an idea of the likely cost? She is on benefits due to illness and doesn't really need the extra expense, but the boiler hasn't been looked at for about 4 years as far as she knows, and although she only has it on for hot water for half an hour twice a day, and to heat one radiator for part of the day for a few months a year she doesn't want it to break down and then be held liable for the repairs by the letting agents.

Cardew

It would be highly unusual for the tenant to be responsible for boiler/CH servicing or repairs.

What does the rental agreement say?

I suspect that the agent is just trying it on!

Standard service could be £60 upwards. If anything foud wrong it could be many times that figure. What if the boiler needs replacing? That might cost a couple of thousand.

Fishingtime

It is the lanlords responsibility unless it says it is hers,in the contract.
Boilerjuice do a service for £50, I just had mine done.

Seakay

I thought the same as you, Cardew, but the contract seems to have conflicting statements; on the one hand the servicing of the boiler seems to be listed as part of the tenants responsibilities, on the other it is stated to be part of the landlord's! I've quoted the relevent bits below, any thoughts?

Tenant agrees -
"To keep in repair all parts of the premises other than those which the landlord is obliged to repair under Section 11 of the Landlord and Tenant Act 1985 and specifically to undertake the following: ...
... to keep and leave the interior of the premises and all fixtures and fittings in good condition and working order, and maintain at his expense annual servicing (save that the tenant shall not be responsible for repairs to the same unless repairs are required through their actions as provided for in clause 14) for installations and apparatus so specified in the Second Schedule and to obtain and to provide on request to the landlord copies of all necessary certificates of testing and maintenance."

Landlord agrees -
"To comply with the requirements of section 11 of the Landlord and Tenant Act 1985 and specifically to keep in repair the structure and exterior of the premises ... and to keep in repair and proper working order installations in the premises for the supply of water gas electricity and sanitation.. and for space heating and heating water..
...To take reasonable steps to ensure the landlord's domestic gas and electrical appliances and other similar mechanical appliances in the premises for which he is responsible are safe and in proper working order and condition both at the commencement of and the duration of the tenancy in order to comply with relevant legislation"

Unfortunately, 'oil fired central heating boiler' is listed in the second schedule.

malc_b

See
http://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/RentingAHome/DG_4001366

and

http://www.communities.gov.uk/documents/housing/pdf/138289.pdf

I'm assuming this is an AST (assured short-term tenancy) as I think all are since 1997 or some such when they change the law to make it more attractive for landlords (basically you can be asked to leave and have to). Section 4 says the landlord is responsible for heating repair and then goes on to say that

"The landlord is required to ensure that all gas appliances are maintained in good
order and that an annual safety check is carried out by a tradesman who is
registered with CORGI (Council for Registered Gas Installers)."

It doesn't mention oil unfortunately but the section of the agreement you quote implies that if there was gas the tenant would be responsible for the annual service and check. It seems to me then that this is an illegal contract term and so the whole section is void if not the whole contract (but IANAL). Since the law says the landlord is responsible for annual gas heating servicing any reasonable person would take that as also applying to oil.

The pdf also says:

"The landlord should ensure that the electrical system and any electrical appliances
that he or she supplies such as cookers, kettles, toasters, washing machines and
immersion heaters are safe to use."

So that's gas and electric covered. There is also no mention in the tenants responsibility of oil annual servicing. I think the landlord is trying it on and you should take legal advice if pointing out what the pdf says doesn't change his mind.