Pay for parts to boiler as a tenant?

Perelandra

mcgowana wrote: »

The agreement says as follows -

Tenant Repairs

Maintain at his expense annual service contracts with approved engineers for all installations and apparatus and to obtain and provide to the Landlord copies of all necessary certificates of testing and maintenance and to keep such installations fully maintained.

There's an unfair contract term right there.

To quote the OFT:

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

3.12 We would regard any term having the effect of transferring landlords' statutory obligations to their tenants as being unfair. Landlords are required to comply with a number of statutory obligations, such as those concerning gas safety. If landlords purport to transfer their responsibility to meet statutory requirements to their tenants they are effectively disclaiming liability to meet those requirements.

And term that is considered "unfair" is not enforceable by the landlord- even if it's written into the contract, you are not obliged to comply with any unfair terms.


EDIT:

Since I started writing the above, I now see you've added that it's an oil boiler, so paragraph 3.13 in that document would probably be applicable..

ognum

Thanks for this it is a really useful document and you are right in Section 13 it specifically states that a landlord cannot pass the resposibility to the tenant.

this should work for the OP, sadly expect to be thrown out at the end of your tenancy though!

ognum

If GM reads this maybe it could be added to the sticky for tenants

mcgowana

So is this only an unfair term for gas or electric boilers?

Do I have a case for oil boiler?

Perelandra

mcgowana wrote: »

So is this only an unfair term for gas or electric boilers?

Do I have a case for oil boiler?

My reading of sections 3.12 and 3.13 is that you certainly do have a case, yes. The landlord normally has a statutory duty to ensure... certain major installations, such as boilers... are in working order. The landlord cannot transfer their responsibility for statutory obligations to the tenant.

For a definitive answer, you can ask the OFT directly- there's details on page 2 on the contact address to do that.

Just to check, though- was this clause in your contract as part of a standard contract for your home, or was it specifically discussed beforehand with the landlord? (If it was part of a separate negotiation, then the above may not apply).

Good luck.

G_M

ognum wrote: »

If GM reads this maybe it could be added to the sticky for tenants

?????

Not quite sure how my reading this relates to making it a sticky....

:huh:

You are attributing me with greater influence over the forum than I either warrent or possess!

(assuming you are referring to me: I have an extra '_' in my username!)

rpc

It's almost a shame this is oil.

You can refuse, as the LL is obliged by law to maintain these appliances. The contract term is unfair and unenforceable. However, that will be a long drawn out argument and (probably) nobody will win. You could be left without central heating while it is resolved.

If it were gas, you could refuse and as soon as the safety cert expired LL would be open to prosecution.

I would approach your council's tenancy relations officer and see if they will speak to your LL.