Boiler issue in sold house - advice please!

Claree__x

We completed on our house sale on Friday (yay) and as arranged with the estate agent we went to the property on Sunday to hand over spare keys and show the new owner how to work various appliances/heating etc. I thought this was a bit weird but, y'know, whatever.

When we got there we were told the heating wasn't working. The property has been empty for about 6 months but the heating has been kept on the timer for a couple of hours a day to preserve the pipes etc - and when my husband was in the house last Friday to clear out the last of our things it was working fine.

Bizarrely, there's a switch beside the fire which turns the boiler off and it turns out the new owner had flicked it, not knowing what it was. We turned it back on but couldn't get the pilot light to stay on so the new owner organised for an engineer to visit.

We got a letter from our solicitor yesterday from the other solicitor saying that they had been made aware of the issue saying;
"Our client has had an engineer inspect the system and he requires to order a spare part but he advises the system is very old. He is sending our client a report on the system and we will forward it to you when received.
In the meantime please treat this letter as an intimation of our clients claim in terms of the missives."

Now, we're in Scotland, so we had a home report done which the buyer presumably got a copy of and decided not to go ahead with any further surveys - the boiler IS old, it's a back boiler rather than a combi, but it was old when they did the home report and it was old when she offered!

We're happy to pay for the engineer visit/spare part to repair as there is a chance it broke in the week between my husband last being at the property and the new occupier moving in but it sounds like they're looking to make a claim for more than that? Can anyone offer any advice on what our responsibilities are here?

dc197

I don't know much about Scotland. But it might help if you elaborate on the terms to which the solicitor is referring when he says, "claim in terms of the missives".,
Could you detail what was agreed?

davidmcn

Claree__x wrote: »

Can anyone offer any advice on what our responsibilities are here?

Your solicitor can! It's what you paid them for The rest of us can't be sure what your missives say, but presumably you were sent copies.

dc197 wrote: »

I don't know much about Scotland. But it might help if you elaborate on the terms to which the solicitor is referring when he says, "claim in terms of the missives".,
Could you detail what was agreed?

It'll (probably) be the usual warranty in the contract that the central heating etc will be in working order on the date of entry.

keith969

Check the section in this on 'the boiler packed up the day after moving in':

http://www.mov8realestate.com/buying-a-house/property-buying-guide/offer-accepted-now-what/

molerat

Yep, in Scotland unless the heating (and water, drains and electrics) is specified as not working then the purchaser has 5 working days to report it and it is up to the seller to fix. (although there is a minimum £300 claim limit if it cannot be sorted amicably)

Claree__x

Thanks everyone.

As I said, we have no issue getting it fixed but I'm concerned about the note that the boiler is old - I'm not sure why they find it relevant?

Missives say that we're liable for any repairs over £300 - I know I should have this to hand but don't at the moment!

lewishardwick

Perhaps the engineer suggest it's beyond economical repair to fix? Or could potentially be condemned?

Of course, if they've admitted to turning it off when they moved in, surely they've caused the problem?

glasgowdan

This is completely standard feedback from a gas engineer from a large company. If I were you I'd get in touch with a small local independant company and offer to send them around and get it sorted.

teddysmum

There are certain large companies, who make it worthwhile for an engineer to condemn an old boiler, in order to sell you a new one.

AnnieO1234

British Gas attended an old back boiler of my mother in laws (she finally gave in in 2014) for at least the last ten years, to service it. Each and every time she was told that the boiler was obsolete, couldn't get parts, must get a new one fitted. Do not allow your buyer to fleece you. xxx

Claree__x

Thanks everyone!

We got further information through the buyer's solicitor yesterday with a report from the engineer who visited and a note saying they think it would be best if your client (us) contacts their client (buyer) directly to sort it out but there's no indication of what 'sort it out' means!

In the report he's said;
'Attended to re-ignite and safety check gas central heating Baxi back boiler and front fire. And on arrival I discovered that the appliances weren't fitted with the correct electricity isolation switch (not a double pole isolation switch) only fitted with a switch, which meant the appliance couldn't be isolated locally to carry out and work on it safely.
Further inspection showed the appliance wasn't working and indicated that the faul was a faulty thermocouple preventing the appliance being tested both on its safety and the integrity of the flue.
In my opinion the appliance visually looked like it hadn't been serviced in a few years due to the build up of dust and debris within the appliance observed from below.'

In the 7 years we owned the property it was serviced annually by British Gas and not once were we told it was unsafe or it had the wrong switch or whatever. We actually had a gas safety certificate done last May when we were letting the property so surely it would have shown up on that? It seems that some of you may be correct when you say the engineer might be looking to replace!