Do I need to compensate tenant for emergency boiler repair that needed parts?

Do I need to compensate tenant for emergency boiler repair that needed parts?

14:18 PM, 4th January 2016, About 9 years ago 34

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Four days following the annual gas cert and boiler service (no problems found) a tenant notified me the heating had stopped working. bend over backwards

I got the gasman back out and he found it was working fine. Few hours later tenant called gasman direct to say it wasn’t working again. Gasman revisited and concluded it must be an intermittent fault, but returned following day, on Christmas Eve, to replace – I think, the PCB.

He also at that stage discovered a small leak, but couldn’t repair it as a particular part had to be ordered. New year’s day (Friday) tenant calls me to say heating had stopped again. Knowing the gasman was waiting for the part, and expecting to do the repair on Monday I suggested I would pay for electric heaters if she could buy some (I was unable to get to the property) and I would agree that the tenant could deduct a day’s rent from her normal payment (tenant is in fact in arrears) for any days she felt it necessary to move out to eg a hotel (there are children).

Tenant wants me to pay for a couple of days she spent at a relatives house before Christmas (when everything appeared to be working) and for additional electricity costs and has accused me of trying to save money, because I wouldn’t call out an emergency plumber on new year’s day. She is convinced British Gas engineers carry every conceivable part on every van!

I feel I have done as much as I could given the circumstances and if I had not already known we were waiting on a part I would have certainly called out someone on new year’s day. I always effect repairs as soon as possible.

I have agreed to pay for any additional energy costs, but tenant wants me to more or less write a blank check and is affronted that I have requested some proof of the additional costs.

Question – is there anything I should have done/should do now?

Ann


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Annie Landlord

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19:51 PM, 11th January 2016, About 9 years ago

Reply to the comment left by "Anon Landlord" at "11/01/2016 - 16:06":

My gas fitter leaves the parts in the house, in this case under the boiler, so he (and I) can immediately see which parts have previously been replaced without having to trawl back through paperwork. I agree there are many cowboys out there, in all spheres of activity, which is why I stick to a few trusted contractors!

Sally Tattersall

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12:55 PM, 2nd February 2016, About 9 years ago

Obviously this was not a gas leak!!!

British Gas would never leave it unless it was safe.

Screamer - I would use it for someone like this tenant.

Get her out, especially if she's in arrears, she sounds like a greedy grasping nightmare.

I'm so fed up with the tenant holding the stick!!

Mike W

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15:09 PM, 2nd February 2016, About 9 years ago

An interesting thread.
A discussion I had with my solicitor many years ago is perhaps relevant. He pointed out that you cannot claim compensation for costs which you have not incurred. Whether you were entitled for compensation would depend on the law of the matter and the contract (provided the contract did not conflict with the law.). Many firms often offer a small sum just to close down the issue as they waste money 'dealing with the unjustified complaint'.
Also where a matter is not specifically written in the contract (the lease document) then you should be reasonable. As to what is reasonable consider the same event in your own house. The incidence of boiler failure (loss of heating) is about a 5% chance in any year based upon our own experience across all our property. Our tradesmen tend to respond quickly when the position is explained and I usually have the boiler fixed within 2 working days. Our properties, including our own home, have electric showers so there is a supply of electric hot water for showers and kettles for other requirements. That leaves heating. In our own house (and if we were renting) I would expect to wrap up or buy an oil filled radiator myself. Even if a new boiler were required and there was no heating for a week what would you do in your own house?
If a council official 'told me' what was required I would ask them to put it in writing by email or letter. And once I had the email I would then pass that email to the council's official solicitor and my own solicitor for comment & verification.
I tend to not use 'insurance or service plans' as I have found them inefficient. They have to be inefficient as the 'insurance and admin' element of the scheme needs a profit so you are overpaying for what you get.
Unfortunately in life there are a lot of people who try it on. How many people claimed to have the missing £33million lottery ticket?
I think you have been more than reasonable.
I also have a basic policy of trust with tenants. If they don't trust me they can move on and vice versa.

Joy Wat

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9:09 AM, 7th February 2016, About 9 years ago

First of all, kudos to this landlord for doing the best he can to accommodate this tenant. Maybe you should review your existing contract with the gas engineer and see what you can do if they failed to see a problem during the boiler servicing http://rjgasheating.co.uk/gas-boiler-service/, and the boiler breaks in a few days.

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