Buying a flat - sellers refuse to resupply gas

Edinburghsaver

Hi all, looking for some advice. Background information - first time buyer located in Edinburgh. Have not completed the missives (exchanged contracts) but completion is due for next week.

I had an offer accepted on a flat in July. When I viewed it I saw that the property had a combi boiler that was last serviced in December 2018 (according to the service record on the boiler) and in all of the property documentation it stated that the property benefitted from gas fired central heating. There was no mention of this not being live / working. The home report also said that there was a gas central heating.

During the agreement of the clauses for the missives, the sellers (a housing authority) mentioned that they would be removing a clause in relation to having 5 days to ensure that all heating systems were working because a) the property was sold as seen and b) they had had the gas supply to the property capped (meaning there is no hot water or central heating).

I informed my solicitor that there had been no previous statement that the property was sold as seen, and that I would not have put so high an offer in had I known this, plus the above info about the marketing materials. He then went back to the seller's solicitor and asked them to reactivate the gas supply before completion... Two weeks later, they have just refused on safety grounds. (The flat has been empty for 9 months and they say they capped the gas to reduce the risk of anything happening whilst it's empty. I'm not sure why they can't uncap the gas now.)

They are still pushing for completion next week but I'm concerned that without a gas supply and no clause to protect me if there is an issue with the system, this could be a nightmare. I have savings which I could use, but don't want to burn all of this on something I feel the sellers should have fixed. I am thinking of asking them to provide access to a gas engineer who could test the system, thus giving some confidence that we can complete the missives. However, the sellers have been somewhat unhelpful with providing access this far.

I'm just frustrated that the sellers knew all along that the gas supply was capped, they marketed the property with misleading information and now don't want to do anything to get the property to the state that they marketed it as. Am I being an over cautious first time buyer? What would you do in my situation?

Smodlet

Is there provision under the Scottish system to put a retention or whatever it's called on a sum of money when you exchange missives? I think that can happen under the English system where if, for example, it is known a boiler needs to be replaced, a retention of perhaps £3k might be put in place to cover the cost of a new one.

I think this is one for your solicitor.

G_M

Have a chat with Scottish Gas (or whoever) and arrange to have the supply reconnected as soon as your purchase completes.

anselld

You should assume the gas is capped because the boiler was condemned and reduce you offer accordingly to fund a new boiler, circa £2k.

Skibunny40

I wouldn't be happy with "sold as seen" suddenly thrown in (I'm far from a first time buyer) and I'm surprised your solicitor doesn't have an issue with this. Don't sign missives until you've got this sorted out.

Norman_Castle

I'm not sure why they can't uncap the gas now

Because they don't have to. They're not aiming to please a buyer, they're just selling an unwanted property. If its capped rather than disconnected by a supplier uncapping it is likely to be very simple and done by a gas safe engineer of your choice just before he tests the gas supply and heating. If they un-cap it they will be responsible for the safety of the gas supply which could lead to extra costs to them.
It should have been noted that the gas is capped and the heating system has not been tested as most people would assume its in working order.
They may consider it "sold as seen" but it should also be as described. A disconnected heating system is an unknown and shouldn't be described as having central heating.

Norman_Castle

anselld wrote: »

You should assume the gas is capped because the boiler was condemned and reduce you offer accordingly to fund a new boiler, circa £2k.

Would a gas safe engineer have to record condemning a boiler?

[Deleted User]

If the boiler had been condemned there would normally be a sign on it. Every social housing property I have rented (rented not purchased) has had the gas supply capped, not because something has been condemned but because of health and safety rules. I've had to get it uncapped so many times, its perfectly normal.

However, as suggested, putting a 'sold as seen' clause in the missives in Scotland should be very challenge-able. I'd get onto your solicitor and talk to him, I'm not sure this is even legally viable in the Scottish system of buying.

Edinburghsaver

If they un-cap it they will be responsible for the safety of the gas supply which could lead to extra costs to them.[/QUOTE
But my point is that if I complete and the gas supply is unsafe then I have extra costs which I was unaware of when I put an offer in. That's my biggest worry - that they are reluctant to uncap the gas because they know/suspect that there's a problem with the system and they don't want to have to deal with it... But that could be an expensive problem for me immediately after moving in!

Edinburghsaver

Scottish Gas have said that it's not their issue as the gas line has been capped in the property and not from the supply. They say that a gas engineer needs to come out, uncap it and then do a safety check - but if that doesn't happen before I sign the missives, any work needed is on me to pay for.

diggingdude

Get 3 quotes for uncapping and replacing boiler. Pick the middle quote and reduce offer by that.....or they sort it