Boiler Stopped Working Because of Water in Oil

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    Boiler Stopped Working Because of Water in Oil

    Afternoon all.

    Letting agent just sent an engineer down to deal with a broken boiler. He said it's because there is water in the tank - it will need pumping out and the water removed and possibly a new pump.

    He said he thought the only way for there to be that much water in there would be either if the top was left off or they bought a bad batch of oil nothing wrong with the tank in other words.

    So I spoke to the agent to see who is going to pay for this as it doesn't seem to be my fault but they told me it's going to be hard to prove it was the tenants' fault so I'm going to have to pick up the tab myself which I'm not very happy about.

    Any thoughts?

    I'm an accidental landlord & I'm new to all this by the way....

    #2
    Originally posted by Barking Dogs View Post
    I'm an accidental landlord & I'm new to all this by the way....
    Did you inherit a tenanted property?

    He said he thought the only way for there to be that much water in there would be either if the top was left off or they bought a bad batch of oil nothing wrong with the tank in other words.
    Based on that (and I'd ask him to confirm that in writing) there's no way it can be anything other than the tenant's fault - unless they moved in very recently.

    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Originally posted by jpkeates View Post
      Did you inherit a tenanted property?

      Based on that (and I'd ask him to confirm that in writing) there's no way it can be anything other than the tenant's fault - unless they moved in very recently.
      No, needed to move but couldn't sell.

      Problem is it needs fixing ASAP as tenants have no hot water so letting agency have engineer booked in for monday & they will deduct this from my rent payment at the end of month. I know would have been better to send in my own guy but I'm very busy at the moment.

      Comment


        #4
        Originally posted by Barking Dogs View Post
        No, needed to move but couldn't sell.
        When you decided to let the property out, you decided to be a landlord.
        Nothing accidental about that!
        Problem is it needs fixing ASAP as tenants have no hot water so letting agency have engineer booked in for monday & they will deduct this from my rent payment at the end of month. I know would have been better to send in my own guy but I'm very busy at the moment.
        Tell the agent to tell the tenants to get it fixed as they can probably do it cheaper than you or the agent.
        They caused the damage and should have a chance to fix their own mess.

        If the tenants decline, they will be charged the full cost of the repair.

        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Insurance?

          Comment


            #6
            I'm a bit surprised that some think this is the tenants fault?

            If there is nothing wrong with the tank itself then it's much more likely that the delivery driver has forgotten to put the lid back on following their last delivery and rain has got in.
            Always ruling out water in the delivery tanker itself, are any others he delivered to that day having the same issue?
            Has anyone contacted the delivery company, what do they say?

            Most tenants would not be climbing up the tank to take the lid off, hard enough for most of them to check the level gauge on the side.

            Comment


              #7
              Originally posted by nukecad View Post
              I'm a bit surprised that some think this is the tenants fault?
              Even if it was the driver, surely the tenant selected the supplier and are responsible to the landlord for their conduct.

              The tenant might be able to recover their own loss from the oil supplier.

              Unless the landlord sneaked in and knocked the lid off, it's not the landlord's fault.
              They're responsible for fixing the problem, but they're entitled to compensation for their loss (which neither landlord nor tenant could have contemplated when they contracted).
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Landlord should ask tenant nicely to pay. If that fails either sue or attempt deposit deductions, neither may succeed.

                Another foreseeable risk of being a Landlord.

                Does tenancy impose any responsibility over oil refills please?
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Originally posted by jpkeates View Post
                  surely the tenant selected the supplier.
                  Not necessariliy, it could have been the agent, or even the LL who selected them.

                  But in the end if the delivery driver left the lid off, or if the furel was contaminated, then it's the suppliers negligence and so ultimately their responsibility, and should be paid for by their indemnity insurance.

                  Comment


                    #10
                    Originally posted by nukecad View Post
                    Not necessariliy, it could have been the agent, or even the LL who selected them.
                    If so, it would be the responsibility of whoever made the selection (assuming it was the driver who did it).

                    And an arrangement where the landlord or agent selected the supplier would probably be prohibited unless the landlord/agent paid for the fuel, which is something I've not encountered (and therefore didn't really consider!).
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      I was thinking something less formal such as "we've alway used XYZ company, so you should keep using them".

                      In the end though if it was an error by the delivery company then they are responsible for any damage caused.
                      Who claims against them is going to be whoever contracted/paid them for the delivery.

                      Comment


                        #12
                        Assuming the tenant is buying the oil then they have the responsibility in the same way that if they were having something delivered and the delivery driver scraped some paint off the wall, the landlord would be entitled to make a deduction from their deposit. The tenants would be the only ones who could seek redress from the delivery company. The landlord doesn't have to prove anything. The tenants were left in charge of the oil tank and its damaged. They dont have to have caused the damage themselves to be responsible for it.

                        Comment


                          #13
                          Seems to me this it is going to be very to prove whose fault it is and even harder to make them pay. In reality I think the LL will have to foot the bill.

                          Comment


                            #14
                            I'm not so sure.

                            The engineer says there's water in the kerosene.
                            Unless there's a hole in the tank or a pipe, that can only be caused by someone allowing water to get into the kerosene - and I imagine that you'd be able to tell the contents of the tank were contaminated when it's drained.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              Everyone is going to deny it was their fault and in the meantime the boiler doesn't work and tenants are unhappy. One of the downsides of being a LL is the buck stops with you.

                              Comment

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