Advice needed to contest unfair bill from landlord

[EastDulwichLove]

Hello fellow ED friends,

Would anyone be able to give some advise on this matter.

We (housemates and I) have just received an extortionate bill from our landlord as there was a fault with our boiler. We wish to contest this we feel that it is unfair for a number of reasons (mainly being that it isn?t stated on our contract that we would have to pay for things like this) but not 100% sure where we stand with it all.

If anyone has been through a similar situation, is a landlord, tenant, estate agent and could help that would be really appreciated.

Best

[hpsaucey]

Hi - if you're renting shouldn't the boiler be the landlord's responsibility (and cost)? Assuming you the tenants have not caused he damage ...

Landlord's responsibility to fix/ do service/ checks on it regularly.

[hpsaucey]

See this from Shelter - might help:

https://england.shelter.org.uk/housing_advice/repairs/landlord_and_tenant_responsibilities_for_repairs

Lists what landlords are responsible for - whatever they might say in any contract ...

[JohnL]

They can up the rent - they can't just bill you IMHO.

Unless you're a shared owner - like me.

[IlonaM]

hpsaucey Wrote:

-------------------------------------------------------

> See this from Shelter - might help:

> https://england.shelter.org.uk/housing_advice/repa

> irs/landlord_and_tenant_responsibilities_for_repai

> rs

>

> Lists what landlords are responsible for -

> whatever they might say in any contract ...

You can also get free one-to-one advice from Shelter by email through the website. Also, if you have free legal advice attached to Contents Insurance/professional membership/union it would be worth having a chat.

Although boilers come under landlord's responsabilities, if he is being problematic it is worth the time to get some free legal advice.

[peckham_ryu]

If you caused damage to the boiler somehow, the landlord could have a claim on the cost. If your contract has provision for this kind of expense, then perhaps he has a claim that way. If the landlord offered one kind of fix but you insisted on some particular fancy boiler instead, he would doubtless want to be compensated for the difference.

The first of these seems unlikely. You?ve already said the second doesn?t apply. Presumably the third doesn?t apply either, and if it did then something should have been agreed beforehand. Assuming all that, the landlord has to cover the expense of maintaining his property, including fixing the boiler and anything else he provides as part of the contract.

So, just politely write a reply that the boiler replacement is not an expense that you?re responsible for. Confirm you?ll continue to pay the rent as agreed (I?m assuming you haven?t been withholding and that there?s no other rent dispute), and for the avoidance of doubt remind him that he will not be permitted to withhold any part of the deposit to cover the boiler or other normal maintenance costs.

Keep a copy to show the deposit escrow people when he tries to hold back your deposit at the end of the tenancy.

I?ve been a landlord. I?ve paid a lot in boiler maintenance. Wouldn?t dream of charging a tenant for that, unless they had been mucking about with the heating system and broken it!

[EPB]

The agent who manages my small provincial house deals with (and sends me the bills for) repairs to things like boiler/cooker/washing machine/fridge etc.

[Humdinger]

Its pretty hard to cause deliberate damage to a boiler, unless you take a hammer to it, so tell your landlord to get stuffed- they are responsible for repairs and if necessary replacement of a boiler that develops a fault.

Also, make sure you find somewhere else to live once the contract is up, as it sounds to me that a landlord even trying to make tenants pay for a faulty boiler is shady, illegal business and you wont want him as your landlord in future anyway.

[JohnL]

I actually turned my combi boiler up to high heat for water (probably not a good idea but it's not really abuse of it) and the next check showed some of the insulation on the door had melted.

Gas Engineer didn't seem that bothered but suggested I replace it by next year - ?120

[hpsaucey]

Humdinger Wrote:

-------------------------------------------------------

> Its pretty hard to cause deliberate damage to a

> boiler, unless you take a hammer to it, so tell

> your landlord to get stuffed- they are responsible

> for repairs and if necessary replacement of a

> boiler that develops a fault.

>

> Also, make sure you find somewhere else to live

> once the contract is up, as it sounds to me that a

> landlord even trying to make tenants pay for a

> faulty boiler is shady, illegal business and you

> wont want him as your landlord in future anyway.

Agree - trouble...

[edcam]

Yep, I used to be a landlord and it wouldn't have occurred to me to try and charge tenants for something like this. Unless you've somehow damaged the boiler (unlikely?)then fixing it is his/her responsibility.

[tiddles]

ditto - tenants not responsible for reasonable repairs.

if you had smashed it with a sledgehammer then there might be an issue but that is probably not the case is it....

[nina_maniana]

Just don't pay it. Easy. It's very hard for a landlord to evict you, and they wouldn't be able to do so legally over something like this to the best of me knowledge.

[alice]

A landlord is legally obligated to get an annual check of boiler (and any other gas appliances) and provide a gas safe certificate to tenants.

[seenbeen]

EPB Wrote:

-------------------------------------------------------

> The agent who manages my small provincial house

> deals with (and sends me the bills for) repairs to

> things like boiler/cooker/washing machine/fridge

> etc.

Exactly..the tenants pay for replacing nothing that was in the property when they moved in

[Psara]

you can simply refuse to pay the bill. The landlord fixing and spending money on repairing the boiler (unless broken by the tenant(s)) falls under the landlord?s repairing obligation outlined in s11 of the Landlord and Tenant Act 1985.

If this trundles on, the landlord could seek a money judgement, which you can defend through the civil courts/MCOL procedure.

The landlord may also seek to recover this from the deposit, which you could then challenge via the nominated alternative dispute resolution service of the deposit scheme being used for the tenancy.