How to avoid a landlord fine when a boiler breaks down

As winter approaches, landlords in the UK face the daunting task of ensuring their rental properties remain warm and comfortable.

Boiler breakdowns are a common occurrence during the colder months, leading to tenant discomfort and costly repairs.

But did you know landlords also face potential fines from local councils should your boiler not work?

At Landlord Licensing & Defence, we face this issue every year – here are some tips to help you avoid a fine.

Landlords can be fined for a broken boiler

Essentially, landlords can be fined if they fail to fulfil their legal obligations under the Landlords and Tenants Act 1985 when it comes to repairing broken boilers.

The Act states that landlords are responsible for ensuring that their rental properties are habitable, including the proper functioning of essential appliances like boilers.

If a boiler breaks down, landlords are legally obligated to repair it within a reasonable timeframe, unless the tenant is responsible for the damage.

If repairs are expected to take longer than a reasonable amount of time, landlords must provide temporary heating solutions to ensure that tenants are not left without a source of warmth.

Also, under the Housing Act 2004 – Housing Health and Safety Rating System, the Landlord is responsible for ensuring that the tenants can have the habitable rooms at 21C any time they wish, night or day, even when its -1C outside. Failure here can lead to fines.

If your property is an HMO then expect even bigger and faster fines under the HMO Management Regulations.

If the boiler does break down

What is a reasonable time? If the boiler does break down and you can’t get someone to it same day, get round there with some fan heater and either a water boiler or some extra kettles so that the occupants can work and can heat enough water to wash their faces.

If the repairs are going to take longer than two days and you don’t have any electric showers in the property as backup, then you may need to put the tenants into bed & breakfast or at the very least make arrangements with a local hotel or sports centre for them to be able to take showers.

Beyond repairs, landlords also have a duty to ensure that gas appliances, including boilers, are safe to use.

This involves scheduling annual Gas Safety checks to identify and address potential hazards.

For this reason alone, landlords must prioritise boiler maintenance to avoid such consequences and ensure the well-being of their tenants.

Gas Safety checks

While many landlords are familiar with Gas Safety checks, these do not guarantee a well-functioning boiler.

A Gas Safety check simply verifies that the boiler is safe to use and does not pose a risk of gas leaks or carbon monoxide poisoning.

However, a full boiler service involves a comprehensive inspection, cleaning and maintenance to ensure optimal performance and longevity.

The full boiler service includes a range of important checks, such as:

• Visual inspection: Checking for signs of wear, corrosion or damage
• Cleaning: Removing carbon deposits and other contaminants from the boiler’s components
• Pressure testing: Ensuring the boiler’s pressure is within the recommended range
• Safety device checks: Verifying that safety devices like thermostats and pressure relief valves are functioning properly
• Flue and chimney checks: Ensuring that the flue and chimney are clear of obstructions and venting properly.

Of course, there are fines for not having a valid Gas Safety Certificate/Record from the Health and Safety executive and without a valid one, you cannot issue a s21 eviction notice.

Have boilers serviced regularly

By neglecting to have their boilers serviced regularly, landlords risk several problems, including:

• Boiler breakdowns: A poorly maintained boiler is more likely to break down during the winter months, leaving tenants without heating or hot water
• Higher energy bills: A boiler that is not operating efficiently will consume more energy, leading to higher utility bills
• Tenant discomfort: Tenants who are unable to heat their homes may experience discomfort, health problems, and even mould growth

Potential risks and costs

From experience, we believe that the cost of a full boiler service is far outweighed by the potential risks and costs associated with breakdowns.

By investing in regular maintenance, landlords can protect their rental properties, avoid costly fines, and ensure the comfort and well-being of their tenants, plus the costs of putting them into Bed and Breakfast or other alternative accommodation.

Here, Andrew Lambert, an area service manager at boiler manufacturer Viessmann, explains the issues that may arise from not servicing a boiler:

• Expansion vessel pressure issues: If the expansion vessel is not checked and recharged regularly, it can become pressurised and cause the pressure relief valve to discharge
• Carbon soot deposits: Carbon soot deposits can build up in the combustion chamber and reduce the boiler’s efficiency
• Ignition problems: If the ignition probes are not cleaned and checked regularly, they can become coated with carbon and fail to ignite the burner
• Hydraulic problems: Blockages in the hydraulic system can reduce the boiler’s efficiency and lead to premature wear and tear.

Boiler serviced by a qualified engineer

Finally, as a landlord you should know how important it is to have your boiler serviced by a qualified engineer who is Gas Safe registered.

A boiler service should take at least 60 to 90 minutes to ensure that all the necessary checks and maintenance are performed. It can be done at the same time as the Gas Safe checks if your Gas Safe engineer is also qualified for boiler service (not all are! You can check here)

By following these guidelines, landlords can help to ensure that their rental properties remain warm and comfortable throughout the winter months.

If you have been contacted by a council about the condition of your rented property’s boiler, or if you are in the process of being fined, then it’s extremely urgent  to get expert representation –  contact the experts at Landlord Licensing & Defence.

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