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Two year Contracts

I am 18 months into a 2 year contract with Flogas. They have put a warning notice on my overground tank as it is not three metres from boundary and advised I have to have an underground tank now at my own expense. I feel cross that they did not carry out any due diligence on the existing overground tank when they took my business on A flogas delivery driver has advised after his deliveries to me that I needed to cut back a tree and remove a hedge in front of the tank; both of which I did at my own expense only to find that they now say the tank is not legal.. (I had actually initiated the site visit that has now condemned the tank to ask about an underground tank as the overground tank is now so unsightly without any hedging to hid it.
My questions are:
1) Am I entitled to compensation for the tree surgeon work that I had carried out. If I had known that I would have to compulsorily move the tank to an underground position. I would not have paid for this tree work to be done.

2) I have found out that another supplier will put an underground tank in for me at their expense if I made the switch to them but unfortunately, I am still in the 2 yr contract period with flogas. Am I really stuck with flogas until next April or can I renege on the contract and change suppliers? There is quite a large outlay of money to be spent by me on changing the position of the tank and putting the tank underground so I would really be pleased to have another supplier carry out this work for free (to me) .

I would be really grateful if anyone can give me advice on this problem please. ::T
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Comments

  • G_M
    G_M Posts: 51,977 Forumite
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    edited 2 August 2017 at 9:23PM
    1) I doubt it. It is really your responsibility to research and check what work is needed. You decided to cut the tree down.

    2) I can't read your contract with Flogas from here. What does it say?

    3) are you really sure the current tank is 'illegal'? I am no expert on gas tanks (I have an oil tank), but I imagine this is related to Building Regulations, which specify how and where a new tank must be installed.

    Building Regulations change periodically. Provided your tank complied with the regulations whichh were in force at the time it was installed, it remains legal.

    If/when you decide to install a new tank (or have one installed) then it will have to comply with the current Regulations which may well be different to, say, 5 years ago.

    4) how long has the tank been there, and who installed it originally? Flogas?
  • J_B
    J_B Posts: 6,827 Forumite
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    G_M wrote: »
    Provided your tank complied with the regulations which were in force at the time it was installed, it remains legal.

    That's my take on it too.
    I know a couple of folks who have 'illegal' tanks, but as long as they don't switch suppliers then nobody complains!
  • Ectophile
    Ectophile Posts: 8,023 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    So what will happen if you don't move the tank? If they will continue to supply, then there's nothing to stop you ignoring the notice until the contract expires. then you can decide what to do.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The new supplier will also lock you into a minimum term contract in order to recover their investment-how long for?
    No free lunch, and no free laptop ;)
  • Flogas told me that I had to cut the tree and hedge down or they would stop supplying LPG which is why got a tree surgeon in. I woudnt have done that if they had told me the tank would have to be removed.

    Avanti gas put the tank in orinally in 1988 and replaced it in 2012 I moved to flogas in 2016 as the price of the gas per litre was cheaper so they took the tank over but no one came to examine whether it was legal or not. Is it really true that if it was legal at the time it was put in, it can remain where it is. That is a life line to me if its correct. Do you know where i can find that out so I can send to flogas to advise i will be continuing with the existing tank.

    Many thanks for your help/
  • I don't mind being locked in to another contract if they pay for putting the underground tank in .:)
  • Flogas have told me that i have to relocate the tank and put it underground. Are you saying even though they have put a warning notice on it, I don't need to comply and they have to continue providing top ups of gas ?
  • J_B
    J_B Posts: 6,827 Forumite
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    Replies snipped ....
    Many thanks for your help/
    .:)
    ?

    Can I politely ask that you use the 'quote' button rather than just the 'reply' button, then we will know who you are replying to. :)
  • J_B
    J_B Posts: 6,827 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    ...... so they took the tank over but no one came to examine whether it was legal or not./

    I *think* what they have done here is wrong.
    Usually a change of supplier is only done 'subject to a tank inspection'

    There must be some rules somewhere, maybe the UKLPG site would be a good start?

    http://www.uklpg.org/
  • NeilJ66
    NeilJ66 Posts: 36 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    They have put a warning notice on my overground tank as it is not three metres from boundary and advised I have to have an underground tank now at my own expense. ::T

    Could you build a firewall between your existing tank and the boundary, I bet that would be cheaper than paying for (and having to maintain) an underground tank? The gap can then be reduced to 1.5m, have you got that much space available? I will dig out a copy of the Calor contract I've just received as it has a nice picture of the required dimensions. All the suppliers stick to the same regulations but actually finding a copy of the regulations is quite difficult I found.
    Regards
    Neil
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