British gas condemned boiler does landlord have to replace

PaulBowen

I was gonna say if they've condemned the boiler then it might be worth getting a 2nd opinion - as sometimes BG can be over zealous with these things. Either way a 2nd opinion will help. I mean for me when my boiler was condemned I was stunned - esp. with how much new boilers can cost these days - honestly I had no where to turn, who could help me afford one ?

Then I heard about ECO - it's some govt funding thing where the gov't will pay towards the cost of a new boiler - so that's handy. I asked some local heating firms about this and they were not interested! In the end I got some concrete info and advice from stl heating and went from there. So if you qualify for ECO then give it a go - after all, if the state will pay towards the cost of a new boiler then get started!

Jhoney_2

PaulBowen wrote: »

I was gonna say if they've condemned the boiler then it might be worth getting a 2nd opinion - as sometimes BG can be over zealous with these things. Either way a 2nd opinion will help. I mean for me when my boiler was condemned I was stunned - esp. with how much new boilers can cost these days - honestly I had no where to turn, who could help me afford one ?

Then I heard about ECO - it's some govt funding thing where the gov't will pay towards the cost of a new boiler - so that's handy. I asked some local heating firms about this and they were not interested! In the end I got some concrete info and advice from stl heating and went from there. So if you qualify for ECO then give it a go - after all, if the state will pay towards the cost of a new boiler then get started!

Please read the thread - perhaps the state will pay towards the cost of some glasses to get you started!

G_M

PaulBowen wrote: »

I was gonna say...

were you? Or have you? But either way, why?

if they've condemned the boiler then it might be worth getting a 2nd opinion -......

Then I heard about ECO - .... if the state will pay towards the cost of a new boiler then get started!

1) see the date of the thread

2) see the content of the thread

LittleVoice

thesaint wrote: »

That is correct.



It is whatever the tenant wants it to be, as the landlord has stated it is theirs.

My question was not about the specific case of the OP.


I had asked (perhaps unsuccessfully) whether it was still irrelevant that something which had been condemned was mentioned in the inventory.


It seemed to me that if the inventory had included the oven then the landlord should be responsible for its functioning (if it had been described as in working order) unless the tenant could be shown as having caused damage to it.


(The comment about the landlord saying it was the tenant's was for the OP's case whereas I was asking about the situation if it had been the landlord's property and included on the inventory.)

G_M

LittleVoice wrote: »

My question was not about the specific case of the OP.

It seemed to me that if the inventory had included the oven then the landlord should be responsible for its functioning (if it had been described as in working order) unless the tenant could be shown as having caused damage to it.
Unfortunately the law does not always coincide what what 'seems' to people.

Responsibility for a oven is governed by either statute law (see the 2 relevant statutes already refered to) or contract law.

Unless I've missed it, I do not recall the OP saying that his contract (tenancy agreement) specified that the LL would maintain the oven.

LittleVoice

G_M wrote: »

Responsibility for a oven is governed by either statute law (see the 2 relevant statutes already refered to) or contract law.

Unless I've missed it, I do not recall the OP saying that his contract (tenancy agreement) specified that the LL would maintain the oven.

Sorry - we are just not understanding each other.
I said I am not asking about the OP's situation (where the oven is not on the inventory) but was interested in what the situation would be if it had been and in working order.
It seems that having it on an inventory doesn't mean it has to work safely - could just be to look like an oven but not work.
Obviously I should not have gone off topic and wondered about the wider question.

kinger101

LittleVoice wrote: »

Sorry - we are just not understanding each other.
I said I am not asking about the OP's situation (where the oven is not on the inventory) but was interested in what the situation would be if it had been and in working order.
It seems that having it on an inventory doesn't mean it has to work safely - could just be to look like an oven but not work.
Obviously I should not have gone off topic and wondered about the wider question.

If a cooker is on the inventory, then it needs to be functional and safe. Surely you knew this already?

owitemisermusa

Hmm... Useful thread. Would've been much more useful for my colleague when a tenant was threatening to withhold rent for a condemned oven. The LL replaced it BTW.

bris

G_M wrote: »

I'm going to back-track on my position. But input to this thread is needed from a gas engineer and/or legal expert in the field.

The Gas Safety (Installation and Use) Regulations 1998 (S36) says:

The oven is a 'relevant gas fitting' so must be 'maintained in a safe condition'. (Note: not a 'safe working condition'.)

The question is, is the oven now safe?

As a non-expert, I'd guess that sticking a red label on it saying "Do not use" or similar, is not maintaining it in a safe condition. Disconnecting it from the gas supply and capping the supply pipe probably is maintaining it in a safe condition.

So what did the engineer do?

A gas safe engineer, when condemning a gas appliance, will disconnect the appliance from the gas supply making sure it is capped off, turning off the stop !!!! is not enough. An immediately dangerous warning label is attached to the appliance and the house holder given a warning notice.


If the house holder refuse to allow it to be disconnected (you can't force them) then the engineer will still leave a warning label and notice but must also report it to the gas network who will force it's disconnection.


Once the appliance is physically removed from the gas supply it can stay in place as an ornament for all the gas safe register cares.