Does my tenant have the right to remove an air source heat pump?

Does my tenant have the right to remove an air source heat pump?

0:01 AM, 6th July 2023, About 11 months ago 14

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Hello, looking for advice, please. My tenant took it upon himself to install an air source heat pump without informing me. The property already has efficient underfloor electric heating (EPC C) I would have refused had he asked.

He broke his tenancy agreement and left before the break clause. Now he wants to have ‘his’ air source heat pump back. It would cost me £1500 to have it drained and removed.

Does he have the legal right to have it back?

Please help!

Helen


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Comments

JaSam

15:57 PM, 6th July 2023, About 11 months ago

Reply to the comment left by DGM at 06/07/2023 - 15:02No UFH traditional radiators. Micro bore until in loft space then 28mm this is the original plumbing, unchanged. Replaced oil boiler with ASHP. Works great over a year, though my house was built in 2003 so monderish insulation.

IM me and I’ll send you my case study.

Michael Jones

16:19 PM, 7th July 2023, About 11 months ago

If the heat pump was fitted using a Grant of any kind, then there could be an argument, that the old tenant doesn't own the heat pump. As the Grant is issued to a property and not an individual

Mark Smith

10:55 AM, 8th July 2023, About 11 months ago

I would not have thought he had any rights .
While he does have the right to reclaim personal property left in the building (withing a reasonable time scale) I think in this case the heat pump would not be regarded as his property left at the building - but a material alteration to the fabric of the building. which is your property.

I think this would be the case whether or not the tenant had permission. It's more like a tenant installing a fire surround then demanding you rip it out and return it to them

I would write a letter saying something like - "it is generally considered and is my understanding that that the heating system is part of the fabric of the house and the responsibility of the landlord to maintain, rather than an item of personal property belonging to the tenant . Therefore I will not be uninstalling or returning it. I will however bve reasonable in this matter and not take steps to uninstall or alter the system for 3 months (as far is compatible with my obligations as a landlord to maintain and ensure the heating system is safe) should you wish to mount a legal challenge to this view.
Should you obtain a court order I will of course comply with the courts directions.

You should inform any legal advisor that
1) you installed the heat pump without permission
2) the landlord will not consent to any access to the property to remove the boiler by the previous tenant or contractors or agents employed by him or acting on his behalf.
3) Should the case go to court and be successful for the tenant and the court rule contrary to precedent (that the heating system is considered part of the fabric of the building landlord will expect and ask the the court to award full storage removal and transport costs to be met by the tenant in advance of delivery to the tenants chosen address.
4) You should also advise your legal adviser that you left the property before the break clause in the tenancy agreement in violation of that agreement.

To be honest this sounds a bit like an attempted scam by the tenant"

But do remember Landlords have discretion - I have many times paid for works done by tenants or their mates if done by them with goodwill and saving me a worrying about it. I know they would rather have someone they know in the house.

As much as you can be kind and human !

PS A a boiler or heater exchanger is very different than installing a washing machine, cooker , or portable heater as it is considered part of the fabric of the building

PPS Always stay polite and reasonable and ensure your responses are within the law - but where they make dubious claims it is their responsibility to take legal action to prove their case.

Mike T

19:39 PM, 8th July 2023, About 11 months ago

Reply to the comment left by Mark Smith at 08/07/2023 - 10:55
I agree with you Mark.
Although we are yet to hear further from the original poster, Helen. Perhaps we do not have the whole story or picture of what’s going on here.

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