Tenants Compensation

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  • Tenants Compensation

    Hello all,

    Its been a while since i posted, and as usual i am back because of a problem urgently requiring advice!

    We are managing a property which was let to tenants back in December. We had the gas boiler serviced and a safety certificate issued prior to the tenants moving in. Within three days the pilot light went out and we were unable to relight it. I called the same chap who had serviced and issued the certificate on it and he got it going but advised a new fan would be required. We ordered the part through him, it was duly fitted and everything seemed ok.

    One month ago, i had another call from the tenants saying the same thing had happened - we got the same boilerman out and now he was saying we needed a new boiler (to be fair, it was about fifteen years old). Landlord agreed and i instructed the boilerman to go ahead having obtained other quotes.

    About a week went by (the tenants still had heating and hot water) and then I went on holiday (i am the agent by the way) and on my return got a very distressed call from the tenants saying the boiler had blown up!! I was surprised as i had instructed the boilerman to do a replacement - apparently this had not been done.

    I got a different company in (at an extra £300) to do a replacement within three days. Now the tenants are saying they want compensation, and my landlord is refusing to give them any on the basis she instructed a new boiler to go in. I instructed the boilerman, but he never got around to it!

    Where do i stand? Do we have to give the tenants compensation? Can i reclaim anything from this CORGI registered boilerman? I felt i did everything i could to help but the tenants don't. They are now camping out on my doorstep until I (in their words) "cough up their compensation".

    Sorry about the long thread but really need advice

  • #2
    What exactly are they claiming compensation for? You don't specify.

    What actually happened when the boiler 'blew up'?

    How long was it in between this happening and them being able to get hold of you (was there no other contact point for them while you were on holiday?) Presumably they had no hot water or heating during this time?


    • #3
      As Eric said, what for, and what time length, are they claiming compensation for? From the first hearing they do not really have any legitimate claim, but it depends on the circumstances. How much do they want?
      Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.


      • #4
        Have you contacted CORGI and asked if this operative is regeistered.Thats your first port of call.If you have no "right to repair" incorparated within the tenancy agreement then you dont have to pay compensation.The only way you would have to pay compensation is if an action was brought under S11 of the Landlord and Tenant Act(1985) but this would be dependent on notice given by the tenants and the landlord or his agents being given reasonable time to repair the problem.The emphsis is on the word "reasonable"
        Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.


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