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Immediately dangerous boiler (recently purchased flat)

Hi all,

I just moved into a property which I bought. The sellers were a family with a small child and the wife was also pregnant.
When I completed, the heating was working ok (they had left the heating on).
Then shortly after there was no heating or hot water. I topped up the boiler pressure and got an engineer to see. He deemed it immediately dangerous, no service history and it had not been maintained in a while. Inside the boiler, there was a cut wire which was "live" (I have photos), and also a lot of debris and algae. Also there were very high CO readings from the boiler and the flue. Which is obviously really dangerous.

The sellers did not provide a gas safety certificate or any evidence that the boiler had been maintained. The engineer said it was a legal requirement but googling it seems this is only a legal requirement when renting rather than selling.

I am really upset and angry, not about the money as I knew that I might have to replace the boiler at some point (as it is old) but more the idea that I have essentially walked into an unsafe property. I would've been happier at least being given information that the boiler was unsafe (rather than zero information) and essentially being at risk.

Whilst I didn't ask for this information specifically (amongst all the other house buying stresses), I semi assumed that a family with a young child would not take the risk of essentially living in a property with a dangerous boiler?! Or being so irresponsible as to either not get it serviced OR they knew about it and just ignored it... Next time I obviously will not assume

Has anyone been in this situation before? And in this scenario given the health and safety requirements, can anyone claim any sort of compensation for this happening ?!

Thanks
«13

Comments

  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    No you have no claim , move on and forget it about
  • anselld
    anselld Posts: 8,576 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    There is no requirement for servicing or certificates in a private residence. It was your responsibility to confirm the state of the boiler.
    Compo, no, not unless you instructed a competent person to inspect the boiler and they failed to identify the defects.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    LondonS30 wrote: »
    Has anyone been in this situation before? And in this scenario given the health and safety requirements, can anyone claim any sort of compensation for this happening ?!

    In the absence of any documentation. A fact that you were fully aware of prior to completing the purchase. Why didn't you pay to have the boiler inspected?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    LondonS30 wrote: »
    When I completed, the heating was working ok
    The property information form said the heating worked?

    And you didn't have any checks or tests done before exchange?
    I knew that I might have to replace the boiler at some point (as it is old)
    Hey - you were right!
    but more the idea that I have essentially walked into an unsafe property. I would've been happier at least being given information that the boiler was unsafe (rather than zero information) and essentially being at risk.

    Whilst I didn't ask for this information specifically (amongst all the other house buying stresses), I semi assumed that a family with a young child would not take the risk of essentially living in a property with a dangerous boiler?!
    Maybe they didn't know, either?
    And in this scenario given the health and safety requirements, can anyone claim any sort of compensation for this happening ?!
    No.

    Replace your knackered boiler and get on with your life. It's not like you didn't know that you were going to have to do exactly that sooner or later... It just happens to be a bit sooner.

    Next time, don't "semi-assume".
  • Caz3121
    Caz3121 Posts: 15,799 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    has the boiler now been condemned and disconnected?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Which country?

    Assuming Eng/Wales then

    * there is no requirement for a gas certificate
    * there is no requirement for a service history unless you demanded one and the seller agred to get a service don
    * you cannot expect the seller to be a gas engineer - they cannot be assumed to know of the CO leak, or exposed wire etc


    * did you pay a GasSafe engineer to inspect and report on the boiler?
    * did the seller give any specific undertakings regarding the safety and/or reliabiliy of the boiler? In writing? What exactly did they say (please quote)
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    LondonS30 wrote: »
    in this scenario given the health and safety requirements, can anyone claim any sort of compensation for this happening ?!
    You don't get compensation for nothing terrible actually happening to you, no.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    the answer you are looking for is the following: "I, and no one else, accept full responsibility for my own failure to check what I was buying."
  • diggingdude
    diggingdude Posts: 2,483 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Photogenic
    Lets be glad that child is no longer living in a house with an unsafe boiler. If you gas person is telling you they should have had a gas safety certificate you may want to get another engineer out to check the boiler as he sounds clueless
    An answer isn't spam just because you don't like it......
  • markin
    markin Posts: 3,860 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper Photogenic
    After a full service and repair it could be fine for 3 more years. Never trust what British gas say.
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