Who pays for the boiler replacement if operated incorrectly?

Who pays for the boiler replacement if operated incorrectly?

10:49 AM, 6th February 2017, About 5 years ago 13

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I have recently replaced a boiler in my rented property, I have a letter from the plumber that states that the boiler has been operated incorrectly and run without having the pressure topped up, even though the plumber went through all of the process with the tenants. who pays

Who will be liable for the cost of the repairs if the tenant has been negligent?

Thanks for your help.
Paul



Comments

by Laura Delow

17:09 PM, 6th February 2017, About 5 years ago

Paul - I'm in your camp with regards it seems unfair you should end up with the cost to put right even if you are within your rights to insist the tenant pay if your plumber is able to prove it's tenant negligence. However I also think you would find it difficult to win this point as you would have to prove you'd shown the tenant how to top up the pressure or suchlike by getting them to sign a detailed statement of having been shown (which I've done & successfully used in the past). I'm afraid it's a case of the world we now live in. There is no doubt that over the last decade a Nanny State has come about whereby tenants seem unaccountable for absolutely everything & landlords are held responsible for everything. The burden of proof lies with the landlord not the tenant & even then is likely not to win (example; I bought an expensive dehumidifier just a few months before the tenant vacated & on delivery took photos & had the tenant sign an Inventory update/photo of said item, to find on checkout it had been taken by the tenant who did not show up at the checkout albeit I chased them 3 times to confirm attendance, and on claiming this against their deposit was told by My Deposits that as the tenant had not attended & we had no photo of the missing dehumidifier at checkout - yup - a photo of something no longer there - our claim was declined). This Nanny State world that we've allowed to come into existence is because too few good men & women do nothing. My case is further proven by the recent news announcement about fraudulent use of "contactless cards" in that if reported stolen, fraudulent transactions may still get through as some retailers terminals approve the purchase at a local level & not with the bank at the point of purchase. Don't get me wrong - I said at outset to all that would listen that there'd be more fraud with contactless cards but what I don't agree with is consumers complaints about the bank should be responsible for picking up these fraudulent transactions rather than the card holder having to lift a finger & check their own card statement (all of which they would still be covered/protected for I might add). We have allowed consumers (and tenants) rights to get out of hand. Whilst we live in this ridiculous Nanny State world, my only suggestion with regards your problem on moving forward is to put in place a Home Care type agreement for problems emergency & non emergency covering the Boiler, Central Heating, Plumbing, Drains & Electrics with someone like British Gas whereby they put everything right no matter what the cost in return for a very reasonable premium. Some years you'll find you've paid more in premiums vs call-out costs saved, but I assure you that over a 2-5 year period you will be in pocket big time. I've had policies on all my properties for the last 8 - 10 years & having closely monitored the premium paid vs cost saved year on year, I am well ahead - by a long way.

by H B

6:28 AM, 7th February 2017, About 5 years ago

Reply to the comment left by "Laura Delow" at "06/02/2017 - 17:09":

"Paul – I’m in your camp with regards it seems unfair you should end up with the cost to put right even if you are within your rights to insist the tenant pay if your plumber is able to prove it’s tenant negligence. "

But in this case it seems unlikely that fault lies with the tenant. It sounds like the plumber screwed the job up.

by steve gilbert

8:42 AM, 7th February 2017, About 5 years ago

To be absolutely honest it sounds like the plumber was a little dishonest and replaced a boiler that had not been irreparably damaged by low pressure (a non existent condition) but rather had something, probably minor (like 99% of boiler faults) wrong with it. Phone the plumber and ask him to explain exactly what was wrong with boiler, it would be interesting to see what condition he comes up with. I would reason with him and get some money back, if needs be make it clear you know he was full of Sh**t and then use a proper and honest guy in future.
Put this one down to experience. It is not the tenant's fault, although I agree with the nanny state condition we seem to be getting into, I don't think this is an example. Many boilers lose pressure over a period, many homeowners damage them by continuously topping up or overpressurising, and many households simply do not know how to top up. This not only applies to tenants but A large proportion of general households. Its your house and your boiler and your wallet, you know how people are with technical or mechanical things so take precautions in future.


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