Tenant says I am responsible

ClareElizabeth_2

I own a second home, which after a period as a holiday let I now let residentially (the past 15yrs)
My new tenant ran out of heating oil recently, which when oil was delivered was discovered had messed up the boiler and an engineer called.
She says I am responsible for the engineer call out because she wasn't shown how to check the oil level in the tank on moving in. Basically there is a tube outside the tank, and when you pull a plunger on the side the level of the oil can be seen in the tube. I believe this is standard to most tanks. There is a cap on the top and a dipstick can be put in to check the level also.
My house is fully managed by a letting agent.
I have never had this problem with the oil tank in the last 15yrs with a variety of tenants.
I feel it is her responsibility to check the oil level on a regular basis.
If she feels this should've been demonstrated at move in, then she needs to question this with the agents
The agent when he initially told me about the problem said it was a common problem they encounter often. Surely then as agents they ought to highlight this to incoming tenants?
Am I responsible for the engineer call out?
Any thoughts?

Mallotum_X

Personally I'd put the blame with the tenant, if they didn't know hw to use something they should have asked.

ognum

ClareElizabeth wrote: »

I own a second home, which after a period as a holiday let I now let residentially (the past 15yrs)
My new tenant ran out of heating oil recently, which when oil was delivered was discovered had messed up the boiler and an engineer called.
She says I am responsible for the engineer call out because she wasn't shown how to check the oil level in the tank on moving in. Basically there is a tube outside the tank, and when you pull a plunger on the side the level of the oil can be seen in the tube. I believe this is standard to most tanks. There is a cap on the top and a dipstick can be put in to check the level also.
My house is fully managed by a letting agent.
I have never had this problem with the oil tank in the last 15yrs with a variety of tenants.
I feel it is her responsibility to check the oil level on a regular basis.
If she feels this should've been demonstrated at move in, then she needs to question this with the agents
The agent when he initially told me about the problem said it was a common problem they encounter often. Surely then as agents they ought to highlight this to incoming tenants?
Am I responsible for the engineer call out?
Any thoughts?

Did you leave written instructions or a manual, if not then I think it's your fault.

marlot

ognum wrote: »

Did you leave written instructions or a manual, if not then I think it's your fault.

I agree....

G_M

Why were these instructions not included in your tenancy pack - along with all other information about the property?

Many people, when coming to use oil heating for the first time, have no idea how it works, what needs doing/checking, or how, or what the risks/consequences are. Especially if they are accustomed to gas which just arives as needed continuously.

If your tenancy pack included proper instructions, then the cost of failing to follow the instructions is down to the tenant.

If your tenancy pack had no instructions, or (please! not possible?) you don't provide a pack at all, then you have only yourself to blame and you should

1) cover the cost
2) apologise & provide written instructions for the future

DRP

marlot wrote: »

I agree....

Me too.

And for something as essential as this it shouldn't be left to the tenant to muddle on with it. Things should have been made crystal clear.

McKneff

I have to say, if I wasn't told and wasn't shown, I wouldn't have a clue.

Annisele

ClareElizabeth wrote: »

If she feels this should've been demonstrated at move in, then she needs to question this with the agents
The agent when he initially told me about the problem said it was a common problem they encounter often. Surely then as agents they ought to highlight this to incoming tenants?

The agents are your agents, not your tenants. That means the agents did fail to do something they should have done, so far as your tenant is concerned you are responsible. (If you instructed the agent to do something and they didn't, you might have a claim against your agent - but any claim your tenant has is against you).

I have no clue how oil heating works. I know that letting the tank run dry is a bad thing, but that's because I hang around here and it's come up before - I have no personal experience of it. Certainly I'd expect to be told about any special maintenance requirements for a property I rented.

I think that if nobody told the tenant how to use the system, then you should cover the cost. If they did, the tenant should.

In your shoes I'd certainly be upset with the agent - apparently they knew a problem was likely and did nothing - but that's between you and the agent. Any dispute you have with your agent has nothing to do with your tenant.

Soot2006

Have to admit the only reason I know that letting oil run dry is bad is because of years on MSE. Every time a tenant comes on here confused, saying they just assumed they could top up the tank when it was empty only to be told they now have to pay damages, they are always given the advice that they should have been told how to work the systems of the house and it wasn't up to them to figure it out.

ClareElizabeth_2

Yes. All instructions to all appliances, even down to how to change the smoke alarm batteries are provided.
Odd isn't it how when we buy a house, we do not expect to be left full instructions but can 'muddle through' quite adequately, but apparently not when renting?
She claims she wasn't 'shown' how to use the sight gauge, however even if she didn't understand the instructions surely common sense would prevail and you'd the agent.

ClareElizabeth_2

I also only have her word that she did not know how to use the sight gauge, how can I tell that she wasn't negligent and hadn't bothered to check it for a while, and now concocting a story?