Bought a house with a Gas Safety Cert but boiler not working on day we moved in

Ashleymcc87 · 30 December 2014 at 12:25PM

Hi All,

We recently moved in to our house on 29th November.

The completion was held up waiting on numerous things from the seller, one of which was the Gas Safety Certificate.
We eventually received this and moved in on the 29th to find the boiler didn't work.
Called a plumber who said he could come out the next day.
First thing that morning we went to the estate agents who immediately told us neither the seller nor themselves were liable.

The plumber was able to fix the boiler, but told us that the boiler was rubbish and we would need to get it replaced.

Needless to say, every morning it needs a good old thump to get it going, we've had the plumber out a couple of times, and we are currently sitting in the cold as it has completely gone again.

We informed our solicitors immediately when moving in but still waiting to hear back.
I think it's very obvious to us that we will have to get the boiler replaced (along with all tiles and probably a worktop or two in the kitchen because of how the boiler has been recessed in), but my question is, are we entirely liable for this? Surely presenting us with this Gas Safety cert which can't be accurate, the seller has to be in some way responsible?

Thanks

thesaint · 30 December 2014 at 12:29PM

A gas safety certificate is just like an M.O.T for a car. All it does it state that the boiler worked at the exact moment in time that it was tested.

It does not mean it will be working for even a minute after the gas engineer left the property.

TrickyDicky101 · 30 December 2014 at 12:34PM

Did you check the boiler before Exchange or did you only require the vendor to provide the certificate?

I don't think you will get any joy from the vendor.

Ashleymcc87 · 30 December 2014 at 12:40PM

We were phoned up and told to come get the keys.
We did check it as soon as we came in but i guess that's too little too late.
The gas itself was completely turned off and we had to call up to register before we could then see that the boiler wasn't working.

I think we know the cost will fall to us, after just buying our first house and money being tight we are just grasping at straws.

Thanks anyway for the replies.

angelsmomma · 30 December 2014 at 12:53PM

I would have been suspicious about the gas being off it should not have been necessary just readings taken. Unfortunately though there is nothing you can do once you have completed and they did not have to get a certificate either since they could have just refused unless you paid for one yourself.

fishpond · 30 December 2014 at 12:56PM

Sorry to hear of your problems, but you purchased a house--not a boiler.
Look on the bright side, you can have a new one fitted where you like. You may wish to redesign the whole heating system.
I would be inclined to get a second opinion on the existing boiler.

pathtofreedom · 30 December 2014 at 1:18PM

Did you get a survey that included things like the boiler and the eletrics? When I bought my house I only got a building survey as I knew the rough age of the boiler so new it was a gamble and might need to be replaced soon. It only lasted a couple of months but I'd planned for this when I knew how old it was.

A gas certificate, as I understand it, is just to prove it isn't about to explode or leak carbon monoxide everywhere on the day they test it, it isn't the same as a full service and estimation of how long it will work.

Can the plumber not just get some spare parts to fix it for now to get you through the winter? You could look at flowenergy and see if you qualify for one of their new boilers that generates eletric too but that would take a while to get sorted out. I think you might be able to get some grants now to help with new boilers, I think it was on one of the mse mails a few weeks back.

theEnd · 30 December 2014 at 1:20PM

Your claim would be against the surveyor if they said boiler and heating system was fine. I suspect they didn't.

Owain_Moneysaver · 30 December 2014 at 4:29PM

You need to speak to your solicitor who handled your conveyance.

I would have expected there would be a clause in your purchase that the boiler etc would be in working order at the date of entry.

If you advised your solicitor of this on 29 November and they haven't got back to you within a month then you should be chasing them. It's their responsibility to protect your interests.