Roofer incorrectly repositioning boiler flue

Spinney999

Hello I'm after some advice. Two years ago we got a new boiler fitted by a Baxi approved gas fitter, then 11 months ago we got a new roof by a reputable local roofing firm. We've been having boiler issues and yesterday Baxi came out to look at it as we needed a new part and they have condemned the boiler because the flue was incorrectly attached to the boiler and the boiler was emitting dangerous fumes into our roof space. They said we'd been very lucky nothing had happened to us or our children due to the dangerous gases. Our original gas fitter then came out to investigate and it turns out the roofers have removed the flue when renewing our roof, have removed the baxi approved roof fixing, incorrectly refitted a not for purpose roof fixing and incorrectly reattached the flue causing a leakage path into our loft space for the dangerous gases. We've rang the roofing company who are denying they touched the flue at all....however to replace the roof the flue needs to be moved. We are now left with the cost of replacing all the roof fixings and getting a new flue which will be around the £1000 mark. I'm also very concerned over the safety aspect of this and although my family are all ok what happens if the roofers continue to do this and it has serious, perhaps fatal results to another household. Can anyone advise. What are my rights? What can I do? Or do I just put it down to one of those things, pay to get the boiler fixed and that my lucky stars myself, husband and two children are all ok? Any advice would be very m,uch appreciated. 

[Deleted User]

Unless you can evidence that the roofers made the changes, just get on and get it fixed.

And even if you do have evidence, get the boiler fixed and worry about it later.

tacpot12

The standard of proof in civil cases (such as in the Small Claims track of the County Court) is on the balance of probabilities. If you went to court, the roofers might lie and say they didn't touch the flue, and that they left the flue terminal for you to sort out. But the flue previously vented out through the roof, and so it is obvious to anyone that the connection needed to be remade when the new roof was installed. 

Any reference on their quote to reworking the flue would be a great help as proves they were aware of the need to rework the flue and were either taking responsiblity for it, or clearing making it your responsibility. 

However, I think that it is quite likely you would win in court, unless they had clearly made it yourr responsibility to connect the boiler to the new roof fitting and to not use the boiler until this was done.

They also need reporting to the HSE as it is illegal for anyone who is not competent to work on a boiler flue, and they have demonstrated their non-competence! I would check your home insurance for legal expenses cover, and if you have this, call your insurer's legal helpline for help to sue the roofers. I would take the helpline's advice about when to report the roofers to the HSE. If you do so promptly, and the HSE prosecute the roofers successfully, I think this will greatly help you to get compensation from the roofer via a court, but they may have another opinion. 

Of course, the other route is to threaten all this and to settle for the compensation you need to get the flue fixed properly, in exchange for not reporting them to the HSE, or taking them to court. I would get a commitment from them that they will never touch a boiler flue again though, as they could have quite easily killed your family and you don't want the chance that they do this to someone else on your conscience.  

As per the previous post, get the flue fixed asap at your own cost, and then sue to recover this. Note that you are under a duty to keep the cost down to the minimum, but this doesn't mean you have to use a fly-by-night gas fitter, you just have to make sure that you shop around - get three quotes, and move ahead to make it safe.
  

Manxman_in_exile

Deleted_User said:

Unless you can evidence that the roofers made the changes, just get on and get it fixed...

They'll be able to provide evidence from Baxi and their original fitter, won't they?  I'm pretty certain a court would decide on the balance of probabilities that the builders were more likely responsible rather than the original fitter or @Spinney999.  But I agree - get it rectified now before suing the builder.

tacpot12 said:

...However, I think that it is quite likely you would win in court, unless they had clearly made it yourr responsibility to connect the boiler to the new roof fitting and to not use the boiler until this was done.

They also need reporting to the HSE as it is illegal for anyone who is not competent to work on a boiler flue, and they have demonstrated their non-competence! I would check your home insurance for legal expenses cover, and if you have this, call your insurer's legal helpline for help to sue the roofers. I would take the helpline's advice about when to report the roofers to the HSE. If you do so promptly, and the HSE prosecute the roofers successfully, I think this will greatly help you to get compensation from the roofer via a court, but they may have another opinion. 

Of course, the other route is to threaten all this and to settle for the compensation you need to get the flue fixed properly, in exchange for not reporting them to the HSE, or taking them to court. I would get a commitment from them that they will never touch a boiler flue again though, as they could have quite easily killed your family and you don't want the chance that they do this to someone else on your conscience.  

As per the previous post, get the flue fixed asap at your own cost, and then sue to recover this. Note that you are under a duty to keep the cost down to the minimum, but this doesn't mean you have to use a fly-by-night gas fitter, you just have to make sure that you shop around - get three quotes, and move ahead to make it safe.
  

Agree with all that.  I'd report to Trading Standards too.