Faulty immersion boiler costing high bill

JAN.1026

I have been living in my rent flat for 3 years now. My boiler is stored in a small room and me and my flatmate have never ever touched it or change its setting at all.

recently we have received a bill from scottish power saying that our electricity consumer is extremely high compare to previous usage. (our average usage was between 6-7 unit per DAY previously, and last three months it was 75-89 per DAY )

I then keep an eye on my meter and found out that it sometimes run 10 times higher than other people but sometimes it is normal. I asked an engineer to inspect this problem but they couldn't find out why. Then I asked for a meter check, and there is no problem as well, which mean all the electricity comes out from my flat, no one is stealing electricity at all. I contacted the agent and they sent their engineer to come.

They found out that in the small room which store the boiler, there is a switch that is for immersion boiler, which me and my flatmate have never noticed it nor touching it. He said that it is what causing the meter run really fast. He then tried to switch it off and told me to leave it off for 5 days. He came back today and the reading for last 5 days is 6 unit per day.

It is surely that the immersion boiler has a problem. We have leaved it on for 3 years (as I said me and my flatmate didn't know there was one and so never touched the switch to turn it on and off) but it has never ever use such a lot of electricity before.

I am owing scottish power nearly 800 pounds up to last month, I believe that it is going to cost me another at least 300 pound from last month to this month as we have only sort out the problem this week. Is it the landlord responsibility for the bill that costed so high due to the fault immersion boiler??? as I think it would be REALLY unfair if I have to pay it since I have done nothing and the bill is going to be 1000 pounds when my rent is only 500 per month!

PLEASE HELP! Thanks!!

N79

As a T you are responsible for you usage of utilities unless your tenancy says otherwise.

Since the LL did not know the heater was faulty (was it - normal immersion heaters should be off if there is an alternative source of hot
water) then they have not been negligent by failing to repair the heater (you should report this fault in writing now).

Therefore you are liable for your use of electricity. (Unless their is some weird Scots law that says otherwise - Artfulodger will be able to help you there).

theartfullodger

N79 wrote: »

(Unless their is some weird Scots law that says otherwise .

There are no more weird Scots laws than there are Engerlish....

Nope, AFAIK, T responsible...

Gwhiz

Are you sure your flatmate did not turn it on and "forget" about it?

Had any parties recently?

As has been said, immersions are for short periods of use only and they do not turn themselves on!

N79

theartfullodger wrote: »

There are no more weird Scots laws than there are Engerlish....

Nope, AFAIK, T responsible...

Disclaimer added because you never know what might be lurking in the depths of a housing act.........

JAN.1026

Gwhiz wrote: »

Are you sure your flatmate did not turn it on and "forget" about it?

Had any parties recently?

As has been said, immersions are for short periods of use only and they do not turn themselves on!

No, as the switch is placed in a quite not obvious place, which me and my flatmate did not notice it was there and so we have leaved it on for 3 years.

and don't know if it is true, but the engineer told us that even it is on, it still shouldn't use that much electricity.

macman

Nothing that you have said indicates that the switch is 'faulty'. If an immersion heater is not fitted with a timer, which is the most common method, then it will remain on 24/7 and only cut out when the water temp rises to the point where tank 'stat cuts out. As soon as the water temp falls again, it will switch back on. If there is no timer, then it's up to you to switch it on and off as required, normally just a couple of hours in the morning and evening.
Your responsibility alone I'm afraid.
However, if you have a separate gas/oil boiler that also provides hot water, then you should not be using it at all-it's just a back up system, albeit an expensive one.

theartfullodger

N79 wrote: »

Disclaimer added because you never know what might be lurking in the depths of a housing act.........

My favourite is the "Sheriff Courts (Scotland) Act 1907, Schedule 1, S34.8 " - still in force - which requires any "Notice to Quit" in Scotland to be served by either Sheriff's Officers or recorded/signed-for mail. Any other means (eg handing over copy, getting tenant to sign acknowledgement) is invalid.. I suspect almost all Scottish Landlords & even more tenants are unaware of this..

see..
http://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/first/part/2/chapter/34/crossheading/removing

Entirely irrelevant to this thread, but it's a dull day....

N79

theartfullodger wrote: »

My favourite is the "Sheriff Courts (Scotland) Act 1907, Schedule 1, S34.8 " - still in force - which requires any "Notice to Quit" in Scotland to be served by either Sheriff's Officers or recorded/signed-for mail. Any other means (eg handing over copy, getting tenant to sign acknowledgement) is invalid.. I suspect almost all Scottish Landlords & even more tenants are unaware of this..

see..
http://www.legislation.gov.uk/ukpga/Edw7/7/51/schedule/first/part/2/chapter/34/crossheading/removing

Entirely irrelevant to this thread, but it's a dull day....

To continue on with the irrelevance (but OP has their answer - they are liable for the bill), do you actually have Notice to Quits with SATs or are they banned (as is the case with ASTs)?

If they are banned then that presumably explains why the need for them to registered mail is not a big issue?

theartfullodger

N79 wrote: »

To continue on with the irrelevance (but OP has their answer - they are liable for the bill), do you actually have Notice to Quits with SATs or are they banned (as is the case with ASTs)?

If they are banned then that presumably explains why the need for them to registered mail is not a big issue?

It is still an issue: To end a tenancy in Scotland a Landlord usually needs to issue an NtQ, an AT6 & a Section 33 notice: Yes, all three. see this guide...
www.edinburghlandlordaccreditation.co.uk/.../Letwise_Guide_to_Ending_A_Tenancy.pdf

(Page 5..)

To end a tenancy you must always
serve a Notice to Quit.

If you want the tenant to leave,
you must also serve them with a
notice of proceedings (AT6 form).

If the tenancy is a short assured
tenancy and you want the tenant to
you leave at the end of the tenancy, you
must also serve a Section 33 notice
(unless a condition of the lease has
broken – see page 12).

You may run into problems if you
don’t use all the required forms and
notices to set up and end your
tenancy - particularly if the tenant
does not leave when you expect
them to.

Re weird Engerlish Acts (I also let property in Engerland..) I like the
"Statute of Frauds 1667"

- which I understand from some authorities (eg a prolific poster on LLZ..)

means that any tenancy guarantee is invalid unless a deed, signed & witnessed.. I wish I could find some definitive article supporting this..

silvercar

When you left the switch off for 5 days were you still getting hot water?