Boiler Service Document

Transatlantic

I've recently completed on a purchase and had since realised that my solictor had not requested the boiler service document from the sellers. Having spoken to them about this, it was arranged for me to get the boiler serviced and the sellers would pay the bill.

The service brought up a number of issues with the installation in regards to safety and it is going to cost at least £1000 to get them fixed.

Am I right in thinking that the solictor should have requested this document BEFORE exchange, in which case I would have known about the issues and could have asked for a reduction? Is this a slip up on his side? Can I contest this?

I'm annoyed that I also didn't catch this, but am a first time buyer so didn't really know.

AnotherJoe

Transatlantic wrote: »

Am I right in thinking that the solictor should have requested this document BEFORE exchange, in which case I would have known about the issues and could have asked for a reduction? Is this a slip up on his side? Can I contest this?

No. No. And no, in that order.

There is no such requirement to have had the boiler serviced. And so no requirement to get such a document. All that was up to you to do before exchange..

And yes, had you done this before exchange it would have been a good leverage point to get a reduction in price. You can ask now but the buyer can just say "tough, it wasn't an issue for you earlier when you had the chance". they might also point out that its not uncommon for service engineers to say you need a new boiler or lots of work when in fact it can carry on for years, so even your assertion is needs £1,000 is disputable. (not saying its wrong, just that its disputable)

The only possible get out might be if something in the answers to questions from the vendor specifically mentioned the boiler was in good working order and you can show the faults mentioned means it isn't.

lincroft1710

It is surprising how many boilers are found to be incorrectly installed. Are there no competent plumbers/heating engineers?

There may not be a record of previous boiler services and even if there is, there may be no reference to problems with the installation

G_M

Whilst I agree with the previous posters, this also seems relevant:

Transatlantic wrote: »

...... Having spoken to them about this, it was arranged for me to get the boiler serviced and the sellers would pay the bill.

What exactly was agreed? Was it in writing?

Was it just the service they agreed to pay for, or any subsequent repair costs as well?

The precise agreement will determine what you can claim.

HouseBuyer77

The only possible get out might be if something in the answers to questions from the vendor specifically mentioned the boiler was in good working order and you can show the faults mentioned means it isn't.

I think even then it's only if you can prove the vendor knew about the faults. Safety issues can be non-obvious to a non-expert so as far as the vendor was aware the boiler may have been in perfect working order (as in produced hot water and heated the house).

Had they been getting it serviced and been given a report highlighting safety defects and not told you, then you may have a claim.

Transatlantic

G_M wrote: »

Whilst I agree with the previous posters, this also seems relevant:
What exactly was agreed? Was it in writing?

Was it just the service they agreed to pay for, or any subsequent repair costs as well?

The precise agreement will determine what you can claim.

This was just for the service.

I think even then it's only if you can prove the vendor knew about the faults. Safety issues can be non-obvious to a non-expert so as far as the vendor was aware the boiler may have been in perfect working order (as in produced hot water and heated the house).

Had they been getting it serviced and been given a report highlighting safety defects and not told you, then you may have a claim.

I wasn't questioning the seller. I was questioning whether the Solictor had made a mistake by not requesting and showing me the service document before exchange, but it sounds as if he is not required to do this? I thought this was one of the things he had to do.

AnotherJoe

Transatlantic wrote: »

I was questioning whether the Solictor had made a mistake by not requesting and showing me the service document before exchange, but it sounds as if he is not required to do this? I thought this was one of the things he had to do.

No, it isn't. Rental properties have to have a gas safety certificate. Nothing else does.
The property doesn't even have to have a working boiler let alone a service certificate, its down to the buyer.

Transatlantic

AnotherJoe wrote: »

No, it isn't. Rental properties have to have a gas safety certificate. Nothing else does.
The property doesn't even have to have a working boiler let alone a service certificate, its down to the buyer.

I see. Is there documentation I can read on this?

Surrey_EA

Transatlantic wrote: »

I see. Is there documentation I can read on this?

Are you asking if there's documentation you can read to confirm for yourself that a seller does not have to supply a boiler service document?

I'm sure there must be somewhere, but I don't have a link readily available, but I can confirm that the information AnotherJoe has given you is correct.

Transatlantic

Sorry, I wasn't doubting the information given, I was just hoping to read something in full. More so to educate myself for the future.

hazyjo

The list of what needs supplying or doing would be long enough without having to list all the things that don't need doing!


There are lots of house buying/selling books in the library if you wanted to have a browse, or this gives info on what's legally needed.


https://www.gov.uk/buy-sell-your-home/overview


Jx