New Boiler and central heating installed without consent and now facing bill?

Someone other than the landlord purchased the boiler so let them pay for it. However the landlord should consider the Housing Health and Safety Regulation Scheme which provides for the provision of an effective form of heating. It may well be that the tenant would have qualified under one of the many free installation schemes.

The registered rent is irrelevant consideration.

What I am saying is that since the tenant has broken the terms of his tenancy then landlord has a right???? to serve him notice. I know a landlord that cannot increase his rent on 3 bed flat, he is distraught as it is a regulated tenancy he inherited. So should'nt this landlord be thinking about getting a tenant in there that could give him a better rent???

Forget removing this tenant and start thinking about what happens if Housing Officer carries out a HHSRS assessment. You will be paying for a thousand upgrades.

Everyone knows the value in these tenancies is the capital appreciation when they eventually cease. So work with Ts to obtain all those free services that the elderly and poor are entitled too, insulation, heating system etc and do it now, otherwise you will pay yourself otherwise.

Reply to the comment left by "AA Properties Wales " at "07/01/2015 - 20:57":

"These tenancies kill landlords and their assets"

I have to agree but why buy a place with a regulated tenant in the first place, it's always a worry that the tenant might outlive you 🙂

I think you missed a chance when they installed the first boiler in part of the building that wasn't let to them. You had the option then of making them remove it or charging them rent for the cellar room which would have supplemented the poor income.

Hi

If the property is improved, can you not ask for a rent review form the local council officer.

In Northern Ireland If you have a protected tenancy you can pay to have a review of rent due to improvement in the property. This is why the tenants do not want any work done in there properties.

You have to pay a fee but it could be worth it. If you have a low income tenant see what improvements grants you can get and some are free to the landlord others you make a contribution. Look on the web or the council site to see if any are available.

I would ask the plumber why he thinks you have to pay for the work when you had no contract with him. Why did the tenant think he could arrange a new boiler without permission.

Who then pays for the annual service and certificates. The fact it is not on the property let to the tenant how did this come about.

Are these type of agreements now done away with. I understand that if there is one in existence then they are vlaid.

What about the landlord being a private prosecution for Fraud by Deception against the tenant for telling the installer that the landlord had agreed to the work and to pay for it?

It seems to me that
1. The tenant installed the boiler, and therefore it belongs to them and they are responsible for its maintenance, including anual gas safety check. Landlord has no responsibility for tenant's appliances.
2. The landlord may have a duty to provide adequate heating (I am not sure about that) but it does not have to be a gas boiler. Electric convector heaters, or possibly an open fire would suffice. The landlord provided hot water via electric immersion heater, and that is what he has a duty to maintain.
3. If the landlord pays for the replacement boiler, then it becomes his boiler, and he takes on all responsibility for its maintenace

Therefore, in my non-legal opinion, the landlord should refuse to pay on the grounds that he did not contract for the replacement nor did henagree to the replacement.

The landlord has an obligation to provide an adequate means of heating the property and water under s11 of the Landlord and Tenant Act 1985. This does not mean the landlord is obliged to provide central heating. My firm has managed many protected (or regulated) tenancies and the houses only have open fires. There is no absolute legal definition as far as I know.

The landlord cannot remove the tenant and replace with an AST on a whim. Again speaking from experience obtaining possession of such houses is virtually impossible; the fact that the tenant may have breached his agreement is virtually irrelevant.

If the request for payment is coming from an engineer who did the work then the landlord has no obligation to pay if he did not instruct the work. The tenant cannot authorise repairs on the landlord's behalf.

If the landlord does agree to pay then he could review the rent and seek an improvement on the basis that he is now letting an improved property. The Rent Officer will set the rent, subject to a capping formula and this service is free. "Fair" rents as they are often called have risen and are about 1/2 of a market rent, although it entirely depends on the area and type of property.

To avoid such issues in future it may be best to keep in contact with the tenant and undertake periodic inspections to find out what is happening.