New Boiler and central heating installed without consent and now facing bill?
I have a converted one bedroom, reception room, kitchen and bathroom flat which has been occupied since the early 1980s by a statutory tenant (SPT). The flat was renovated in the 1980s and provided with a new hot water tank (modern insulated tank with an immersion heater).
The tenant in 1997, without consent, installed a gas boiler and radiator central heating system. There is a registered rent in place and this ignores any value attributable to the central heating in the rent. The central heating boiler was installed in the cellar of the property which is not let to the tenant. I have just received an invoice (again without any notice or forewarning) that a new boiler has been installed, and presumably they are looking for a payment from the landlord.
My view is that as it was their boiler in the first place, why should I play for the cost of replacement. Am I wrong in taking this attitude ?
In this instance, whose responsibility should the replacement boiler be?
Many thanks
Andrew
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Is a log fire in a BTL madness??!
Member Since February 2011 - Comments: 3454 - Articles: 286
8:58 AM, 7th January 2015, About 11 years ago
Hi Andrew,
I understand the tenant should have let you know, but looking on the bright side is it not lucky that you have not had to replace a boiler before now?
Most boilers have not lasted since the 80s.
Member Since December 2014 - Comments: 8
12:24 PM, 7th January 2015, About 11 years ago
I have to agree with Neil. The old boiler was installed in 1997 ? It’s definitely time for a new one and a responsible landlord would recognize this surely..?
Member Since February 2011 - Comments: 3454 - Articles: 286
12:29 PM, 7th January 2015, About 11 years ago
Hi Michael, Yes and that one was paid for by the tenant so double bonus.
Member Since July 2013 - Comments: 561
1:25 PM, 7th January 2015, About 11 years ago
But the rent level is FIXED not taking into account that there is a boiler.
Why should a landlord provide heating when the rent level was agreed for a property without heating?
Member Since October 2014 - Comments: 423
1:41 PM, 7th January 2015, About 11 years ago
I seem to be reading the opening post differently to other posters.
It implies but does not explicitly state that the 1997 boiler was invoiced to the LL.
Does anyone read it this way?
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Separately, what about the question of the LL’s opportunity to ensure a suitably qualifed fitter?
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Also what can or should the LL do about the tenant using a part of the property they have no right to access? (cellar)
Member Since October 2013 - Comments: 1311 - Articles: 10
2:40 PM, 7th January 2015, About 11 years ago
Surely the person who asked for the new boiler to be installed is the customer of the gas engineer, so if this was the tenant, then the tenant is the person who has the contract with the gas engineer? The landlord has no contractual agreement with the gas engineer so cannot be held legally liable for the invoice?
Member Since December 2014 - Comments: 8
3:02 PM, 7th January 2015, About 11 years ago
Reply to the comment left by “Ian Ringrose” at “07/01/2015 – 13:25“:
” Why should a landlord provide heating when the rent level was agreed for a property without heating? ”
I know !!! These pesky tenants that provide the landlord with an income…next they’ll be demanding running water and glass in the windows…
Member Since July 2013 - Comments: 561
3:16 PM, 7th January 2015, About 11 years ago
Michael,
We are talking about a regulated rent, e.g. something like 1/4 of the market rent. The tenant can only expect the property to be repaired to the standard it was when they started to rent it.
Member Since July 2013 - Comments: 648
7:06 PM, 7th January 2015, About 11 years ago
I totally agree with Robert Mellors. Irrespective of the rent, this is the Landlords capital investment and for the tenant to try to ignore him and just send a bill is outrageous.
Personally I’ve just taken a major hit in getting a top rate boiler fitted in a tenant property but that was my decision driven by long term thinking. I do not expect the tenants to be involved other than arranging the installation at a convenient time to them.
Member Since July 2013 - Comments: 184 - Articles: 1
8:57 PM, 7th January 2015, About 11 years ago
Thinking outside the box here guys. BUT since that tenant is on a regulated tenancy, which is MUCH less rent, doesn’t this mean that tenant has broken the terms of the tenancy. Shouldn’t Andrew think about this? These tenancies kill landlords and their assets.