Boiler timer broken, should landlord repair?

CP26

Back in November I reported via the LA that the timer on the boiler was not working.

The boiler works fine but is either on (with thermostat control available) or off. As the weather has not been that cold it hasn't been too much of a problem as I just switch the heating on when I'm home and feel I need it, but it does mean I get up to and come home to a cold flat.

Anyway, the landlord eventually sent a contractor round to check it was definitely broken. The contractor took the part number and I'm guessing gave the landlord a quote for the job about 2 weeks before Christmas.

The LA rang around that time to say the landlord has asked if it could be repaired in the new year. As we were so close to the holidays I didn't see much choice so reluctantly agreed.

I chased the repair up on 6 Jan and eventually got a call from the landlord to say that he was broke and wouldn't be repairing the timer anytime soon. He also said that the LA had advised him that he didn't actually need to repair it. I'm not sure if this advice was given as a no need to repair it at all, or just do it when you can.

I know the landlord has responsibility for the heating and whilst I completely understand that this isn't any kind of emergency it is an inconvenience.

So please help a first time renter:

1) Is the landlord obliged to repair it?

2) If so, what would be a reasonable time scale? It has been 2 months since I first reported it.

3) I've been told to leave the heating on permanently at a low thermostat setting. As I am on a tight budget I'm not comfortable with this. I know there is a risk with frozen pipes if the heating is left off permanently or isn't run regularly, but should I have to leave it on? There will be a few times in the coming months where I will be away for a few days at a time so I won't personally get any benefit from the heating being on, however if I leave it off and the pipes freeze causing damage is it my fault?

Advice much appreciated.

dimbo61

Being broke is not any excuse.
Speak to the cab, letting agents and local council housing office or EH.
Again report this in writing to the LL/LA that you do not take any responsibility if the pipes freeze while you are away.
How big is your heating bill ?
Do you want to stay ?

princeofpounds

If you like, you can use the procedure established in Lee Parker vs Izzet 1971 to pay for the repair yourself and deduct from future rent. You must follow the procedure properly however and keep documentation. But often just the threat of it is enough to get a result.

anselld

CP26 wrote: »

There will be a few times in the coming months where I will be away for a few days at a time so I won't personally get any benefit from the heating being on, however if I leave it off and the pipes freeze causing damage is it my fault?

Read your tenancy agreement. It is normally specified that sufficient heating must be on at all times to prevent damage through frozen pipes, so yes it would be your fault.

Regarding the timer, the LL&T Act requires the LL to "keep in repair and proper working order the installation in the dwelling for space heating". This would seem to include the timer as part of "the installation".

CP26

I've just changed supplier and have only been here 5 months so don't really have any reliable winter billing to go off. However leaving the heating on is not how I would choose to manage my heating, I'd much prefer to use the timer function.

The flat is only a few years old so I think it will be fairly efficient. I suppose the cost issue isn't a particularly worrying factor, I'm just not comfortable with the idea.

I want to stay here for the foreseeable future, it would be cost-inefficient to move now as hopefully my personal circumstance will change in the coming months and I won't be renting anymore.

This is the only issue I've had but I'm a bit stumped with the LAs advice not to repair.

I've done most of this by email so far so do have a trail of reporting and chasing. I think I may call the LA on Monday to confirm they received my email following the chat with the landlord and ask them what resolution it will be. If they are not helpful Ill look to go further with the CAB etc.

CP26

anselld wrote: »

Read your tenancy agreement. It is normally specified that sufficient heating must be on at all times to prevent damage through frozen pipes, so yes it would be your fault.

I can't see anything like this relating to the heating. There is just a general line that says 'use the property and contents carefully and will not damage them' and 'take proper precautions to prevent the escape of water...'

anselld

CP26 wrote: »

'take proper precautions to prevent the escape of water...'

It is normally more specific, but that probably covers it. The alternative would be to shut off the water and drain down all the water systems.

benjus

I bought one of these a year or two ago: http://www.tradingdepot.co.uk/DEF/product/!!TRT035!!/?gclid=CNu__PGC-bsCFQUUwwodUSoA4g - it's a programmable thermostat with a timer built in - just a drop-in replacement for the old thermostat.

Even though I'm a tenant, I decided that it would be useful to be able to set different temperatures for different times of day, so that I can have it on a low setting overnight, then switch to a higher temperature just before I wake up. It also allowed me to change the settings to account for our different schedules on different days of the week. You just leave the heating switched on permanently, and it switches the boiler on and off as required to maintain the temperature programmed for the current time. Also has an anti-frost setting for when you're not using the heating. All in all quite a useful little investment, I thought.

It's very easy to fit - just replaces the old room thermostat. I kept the old thermostat, then re-fitted it when I moved out of my last place, and fitted it in my current place.

I know it's not quite the solution you're asking for, but personally I think it's worth having anyway, and would solve your problem. Also, if it's substantially cheaper than the replacement timer for the boiler, the landlord might agree to pay for it.

thesaint

Personally, I do not think the landlord has to fix a broken timer as part of his repairing obligaations.

The boiler is working, and would pass a gas safety inspection by a Gas Safe registered engineer.