Do i have to pay for the boiler repair as a tenant?

pinkie84

Hi All, I'm pretty sure the answer to this is no, but please read the details and let me know...

I am moving out of my rented house soon and just had an email from the landlady. She wants me to pay towards the repair of the boiler that was carried out a few weeks ago. She didnt initally mention that she wanted me to contribute, but since receiving my notice has said that we will need to sort out [FONT=&quot]"the cost of repairs to the boiler due to you turning it off [/FONT]"

Basically the boiler was overheating a lot during the summer, she called a plumber out and he told me to reset it whenever it over heats. This was daily. In fact every time it fired up to heat the hot water. I told the landlady's partner of this, who said it'd be fixed. It wasn't. So i switched it off at the mains figuring that was better than it blowing up (boilers scare me)

I did tell her partner that it wasnt working still, but only verbally, ie there's nothing recorded over email. I know that is a mistake on my part as i cant prove that i reported it.

Anyway apparently switching it off meant there was a build up of limescale which blocked it up and meant it stopped working and needed a new part. So she wants to take that, or part of that cost, out of my deposit

My deposit is not kept in the deposit scheme thing. The landlady has it in a savings account in her name for which I have the book. Again i realise this was a stupid arrangement, but i was clueless .

Does any one know what rights I have? Can she take the money for the boiler repair?

I've kept the house in good condition despite its many many problems (damp, wood lice, massively overgrown garden which i've spent money sorting out etc) and i find this to be a bit of a slap in the face if im honest.

Help / advice appreciated.

Thank you

BitterAndTwisted

The maintenance and repair of heating-systems is the landlord's responsibility, except in the case of misuse. Turning it off at the mains could be interpreted as misuse, depending on the consequences.

If your deposit is not protected there is little you can do to stop the landlord making a deduction from your deposit other than starting a claim in court.

How much are they seeking to charge you for this? It might be that filing documents in court could cost the same or more than the deduction.

romanempire

The limescale was probably the cause of the boiler overheating. And switching it off was probably the best thing you could have done.

See if you can get it checked by a gas engineer you engage and your own report on it before you move out. Otherwise you'll just have to take the hit on your deposit as you won't be able to do much after you leave.

R.

Gonzo33

You should absolutely NOT pay for this, and I say this as a LL. I also thought that a LL had a legal responsibility to put your deposit in a tenant deposit scheme. The correct information will be here:

http://www.thedisputeservice.co.uk/

I agree with the above posts, but there must have been something wrong with the boiler in the first place to cause the problem described. When my condenser boiler was put in I had a thermostat problem and the supplier had to resolve the issue.

Yorkie1

I agree with the above posts. This is her responsibility. I would write informing her that you dispute any deductions from your deposit.

Also, she is unlikely to be aware that failure to protect your deposit can carry a penalty of 3x deposit if carried through to court proceedings. Recent case law has made this law far less enforceable but I would also consider putting in your letter now (i.e. before you leave) that you have taken advice and you require her to protect your deposit in accordance with the law, and that if you have to take action in the small claims court you will also be pursuing the penalty of 3x deposit for failure to protect it.

See what others think of this suggestion, perhaps, though.

clutton_2

check out all 3 deposit schemes first... "Mydeposits" allows landlords to retain the deposit it their own bank account....

ognum

Definately Landlords responsibility for next time email or write what is happening!

DVardysShadow

BitterAndTwisted wrote: »

The maintenance and repair of heating-systems is the landlord's responsibility, except in the case of misuse. Turning it off at the mains could be interpreted as misuse, depending on the consequences.

Technically, the highlighted statement is virtually unsupportable. If there were such a possibility, the tenant would have to be specially instructed to avoid the risk.

G_M

Turning a boiler off
a) does not cause limescale (Most peopke turn them off when going on holiday - indeed insurance companies INSIST on it when a property is 'unoccupied'!)
b) is not dangerous

1) check each of the 3 schemes yourself just to check if the deposit is registered - makes life easier if it is
2) When are you moving out? Once you move out you CANNOT claim the 3 x penalty if the landlord has not registered the deposit. But you can now....
3) Maintaining the boiler is the LL's responsibility.
4) I would ignore the LL for now. Do not respond. Keep all her emails/letters etc - if you can show later that she is charging you for the boiler (which is her responsibility) you'll have a good case.
5) when you come to move out, then you write asking for your deposit in full. If she refuses, and it's in a scheme, use the scheme dispute process. If it's not, use the Small Claims Court. Costs £55 (I think) and you can claim that back off her when you win.
6) have you got a record of your written complaints (damp, wood lice, massively overgrown garden which i've spent money sorting out etc)

angrypirate

Limescale is formed when you heat water, therefore turning it off would prevent further limescale build up. Boilers are designed to be turned off when not required. The only time it is "misuse" to turn them off is in the middle of winter when frozen pipes are a concern

pinkie84

Hello all, and thankyou for your help. Unfortunately the check out was arranged for yesterday. We had extensive discussion regarding the boiler and could not come to any agreement, she also is trying it on for a myriad of other things that were wrong with the property when i moved in, such as the damp smell, a mark on the wall where the bath leaked through (which has clearly been fixed previously - there is a patch of new(ish) plaster and paint over the area) however the keys have now been handed back. I didnt get a schedule of condition when i moved in, and since the keys are now with her and i have moved out (though not actually signed anything to this effect) i'm worried that I've scuppered my chances of ever seeing this deposit again.