£70 charge for no heating !!!!!

[FUBARUK]

I'm a private tenant and recently my central heating and hot water stopped working but my gas fire worked. I called the landlord and it wasn't until 12 days later a corgi reg friend of the landlord came from Bedford some 60 miles away. He couldn't work out what the problem was, he took the fire apart and then noticed that a item of furniture had turned the switch off at the wall. I had never been shown what the switch was for. The corgi man said no harm done and put the fire back together it had took him 45 minutes. The fire hasn't worked since it had before and then today I received a letter that stated:

"We have received the bill which was £200. As its not your fault that the plumber came from Bedford we are only asking £70 for the time spent at your address, as there was nothing actually wrong with it at the time. We shall pay the rest"


I'm a single parent to 2 boys and I already pay top up rent of £20 a week and then they decide to serve this on me just before Christmas. I need to know legally are they entitled to do this?? I have enquired and a local call out charge ranges from between no call out charge to £60. Surly a turned off switch should have been noticed before he took the fire apart. When your car doesn't start you would surely check to see if it had petrol.


I would appreciate any comments on my situation.


Many Thanks

[Ed999]

There was no disrepair, so the landlord is not legally liable.

You turned off the appliance, seemingly, and made an incorrect statement to the landlord that it was faulty. It was your error. It is difficult to see how any of the cost is the landlord's responsibility.

I don't see how you can expect anyone to take seriously your statement that you didn't know the appliance had to be switched on!

You are lucky the landlord is not passing the whole bill on to you. I suggest you pay up, as cheerfully as you can. Bear in mind that the landlord was not at fault in any way and that you need his goodwill if you are hoping to remain in the property.


Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

[blitz]

If you want to reduce the amount then try one of the following:

Ask the landlord to provide 3 quotes of call outs that are local to you to justify the £70 amount (Wouldn't suggest it to keep on good relations)
Ask to pay off the amount in installments, whilst I can understand you are in a difficult situation, ask to pay the amount after the new year at about £10 a week so the amount gets payed off within 2 months.
Point out to the landlord that he should have checked the switch first.

Unfortunately as ed said you are liable for the cost, if you don't know what something in the house does please do ask someone who will, the landlord doesn't have to instruct you on how everything works so its only a curious nature that will prevent things like this.

[FUBARUK]

Many Thanks blitz for your advice it was well written and to the point. As with regards to Ed999 advice :


"There was no disrepair, so the landlord is not legally liable.

I don't see how you can expect anyone to take seriously your statement that you didn't know the appliance had to be switched on!"



Not anywhere in my post did I state that I didn't know that the appilance had to be switched on. I said

"that a item of furniture had turned the switch off at the wall. I had never been shown what the switch was for."

Obviously I knew that the fire had to be switched on it was just that I didn't know it had been switched off.

I think I will take your advice Blitz and get 3 local quotes but before I pay anything I want the landlord to come and fix the fire because since the gasman had it apart it has never worked since

[Steve__M]

A bit confused - you said the CH and hotwiter were not working. Why was he taking apart the gas fire?

£70 sounds not unreasonable for a call-out and to do some work - I suppose you could try negotiating down a few quid, but few people work for free even if they do claim to have a zero callout charge (though obviously if the fire is still not working, why should the landlord be paying for anything yet?).

I don't see why a landlord shouldn't use a tradesman they trust, and they appear to be trying to be fair in dividing up the cost. My agents called in a gasman to look at a faulty fire, and he told the agent that a new fire was needed for £750 because it was "obsolete" hoping that I was the sort of landlord who would say yes to anything. In fact it was a small part in the ignition that needed replacing which I did myself for less than 30 quid.

I don't think your financial position is relevant.

[MrShed]

Not meaning to have a go OP, but it does seem here to be a case of only accepting the advice you want to hear. I agree 100% with both Steve and Ed.

That said, I do agree with blitzs advice, but it should be stressed that the landlord is not obliged to actually reduce the cost or allow you to pay with installments.

[blitz]

Btw as it stands I do agree with the legallity of everything ed has stated, just trying to offer possible solutions to help with a poor financial situation.
I just felt eds reply was quite blunt, but everything he has written is the true legal standpoint. Its the best time of year to get goodwill though so maybe that will help.

[FUBARUK]

Originally Posted by Steve__M

A bit confused - you said the CH and hotwiter were not working. Why was he taking apart the gas fire?

£70 sounds not unreasonable for a call-out and to do some work - I suppose you could try negotiating down a few quid, but few people work for free even if they do claim to have a zero callout charge (though obviously if the fire is still not working, why should the landlord be paying for anything yet?).

I don't see why a landlord shouldn't use a tradesman they trust, and they appear to be trying to be fair in dividing up the cost. My agents called in a gasman to look at a faulty fire, and he told the agent that a new fire was needed for £750 because it was "obsolete" hoping that I was the sort of landlord who would say yes to anything. In fact it was a small part in the ignition that needed replacing which I did myself for less than 30 quid.

I don't think your financial position is relevant.

I assume the gasman took the fire apart because he wanted to get access to the back boiler. Perhaps my financial position isn't relevant but they can't take what I havn't got.After contemplation I now accept I should pay some of the costs but it was the landlords fault that they chose to call a gasman that lived over 60 miles away when they could of chose to call someone local. I have received telephone quotes and they range from £30 to £51 I won't be paying anything until the fire is fixed.
Today I received conformation that my tenancy deposit isn't held with either of the 3 agencies involved (TDS). My landlord hasn't given any information on this matter. Didn't really need all of this just before xmas....don't know what to do as I like the house and don't want to rock the boat....but starting to feel like the landlord is taking me for a mug.....

[Annoying Twit]

Originally Posted by FUBARUK

Today I received conformation that my tenancy deposit isn't held with either of the 3 agencies involved (TDS). My landlord hasn't given any information on this matter. Didn't really need all of this just before xmas....don't know what to do as I like the house and don't want to rock the boat....but starting to feel like the landlord is taking me for a mug.....

This could work in your favour.

http://www.bllaw.co.uk/pdf/PROLIT_04...e%20UPDATE.pdf

Consequences of failure to join a tenancy deposit scheme

The consequences of failure to join one of the tenancy deposit schemes and provide the prescribed
information to tenants within the 14-day timescale are severe.

First, landlords will be unable to recover possession of their property using the ‘notice only’ ground
under section 21 Housing Act 1988. It is therefore vital that landlords follow the correct procedures to
preserve this ground of possession.

Second, tenants can apply to the court for an order requiring their deposit to be protected and / or for the
prescribed information to be provided. If the court is satisfied that a landlord has failed to comply with these
requirements or is not satisfied that the deposit is being held in accordance with an authorised scheme, it
will:
order the landlord to repay the deposit within 14 days of the court order or
order the landlord to pay the deposit over to the DPS, the custodial scheme
the court must also order the landlord, by way of fine, to pay the tenant a sum equivalent to three times
the amount of the deposit. This fine is to be paid within 14 days of the order

[FUBARUK]

Thanks Annoying Twit for the information. I have written to the landlord about my heating problem and have offered to pay a undisclosed amount. I will wait to see what they have to say on the matter, should they continue being shirty with me then I may instigate court proceedings with regards to the (TDS)

Once again thank you