Help please with a latent defect on heating sytem

The_Shadow

We have recently moved into a bungalow, the previous owner had a new combi fitted 12 months ago with a 7 year warranty. The heating engineer also guarantees the installation for 2 years.


Since moving in we have found many non compliances with the work the heating engineer has carried out.


a) boiler not installed strickley in compliance with the manufactures instructions
b) Non compliance with Building Regulations
c) Boiler fires up when cold water tap or WC is flushed
d) Risk of catching Legionella due to stagnatiion of water in long dead legs in pipework. Redundant pipework has been capped off but should have been removed.
e) Undersized pipework used on heating flow 15mm used instead of 22mm


As the contract was between the heating engineer and the previous owner of the property and the defects are latent do i have any come back on the heating engineer to put the work right. Some of the issues i have found are quite serious. The issues found would have not shown up on a survey. Any advice would be most welcome. I have emailed him with my concearns but he has not replied.

G_M

Was the warranty transferable, and was it transferred to you? If so, you can claim. If not, you can't.

However, assuming it's a gas system, then either

* the installing engineer was not Gassafe registered (check here), in which case he was beaking the law, or
* he is GasSafe registered, but failed to install to reqired standards and should be reported to GasSafe.

https://www.gassaferegister.co.uk/help-and-advice/complaints-report-an-illegal/

The_Shadow

G_M wrote: »

Was the warranty transferable, and was it transferred to you? If so, you can claim. If not, you can't.

However, assuming it's a gas system, then either

* the installing engineer was not Gassafe registered (check here), in which case he was beaking the law, or
* he is GasSafe registered, but failed to install to reqired standards and should be reported to GasSafe.

https://www.gassaferegister.co.uk/help-and-advice/complaints-report-an-illegal/

Hi thanks for the reply.

Yes the boiler guarantee was transferable.


The installer is Gas Safe registered

The_Shadow

The_Shadow wrote: »

Hi thanks for the reply.

Yes the boiler guarantee was transferable.


The installer is Gas Safe registered

Could i threaten him with court action if he will not come back to put the work right ?

Furts

The_Shadow wrote: »

Could i threaten him with court action if he will not come back to put the work right ?

I suggest you are wasting your time here. If you get any response it will be a goodwill gesture, but expect the installer to ride this one out hoping you will give in first.

A likely scenario, in brief is this:

The vendor had a cheap/foolish/naive installation. Why renew just before selling? The vendor was happy and paid up. The contract was between these two and there it ends. You have no contract with the installer.

You purchased "Buyer Beware" having both weighed up the vendor, and checked matters out. Something like a toilet firing the boiler suggests the cistern has warm water. If so, an obvious issue to be picked up before purchase. You could have used common sense, or commissioned a survey here.

Self Certification is almost a con. When did you last see somebody self certify their work with the term "failed to comply"? Clearly the work was not checked, nor properly self certified.

By all means complain to GasSafe, but is the system dangerous? If not, what do you expect them to do?

The guarantee may be transferable, but you have only mentioned the boiler. I suggest the guarantee ended with the vendor selling up, and only the boiler goes forward on a manufacturer backed basis.

Finally the installer sounds poor, or incompetent. Why invite them back when you already know this.

You are trying to shut the stable door after the horse has bolted. I doubt you will get anywhere.

The_Shadow

Many thanks for your input, i will let you know how i get on, i believe i have a good case to prove that the installer was negligent He has a duty of care to provide a safe safe and efficient heating installation without causing health and safety issues which can be proved

Furts

The_Shadow wrote: »

Many thanks for your input, i will let you know how i get on, i believe i have a good case to prove that the installer was negligent He has a duty of care to provide a safe safe and efficient heating installation without causing health and safety issues which can be proved

OK, I will go with your view. The "but" is what will it cost you in time, effort and cost to pursue matters? I have been to Court as indeed you may have. I came away saying "was it really worth all the effort?" I won my case, but was staggered at the inefficiency and incompetence of the system, plus the attitude of the Judge and his apparent dislike of doing any work.

The bottom line is if you go to Court you had better be good, and even then it is a gamble - you have to be savvy to win.

If you win you then have to get reimbursed - another saga in many cases. I was OK here, but I wondered if it would turn out like this.

I wish you well, but were it me I would get the remedial work undertaken, where really required, at my expense.