Faulty boiler before moving in

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    Faulty boiler before moving in

    My famiky and I (wife and 3 kids) are hopefully moving into a property on Monday however there are a few issues:

    on Wednesday evening I received a phone call from the LA saying that the property had failed it's gas safety inspection and that the LL had been informed and would make a decision by the next day. The next day I rang the LA to see what the plan was to be informed that the LL he not come to decision yet and they would phone me when he had decided what to do (I assume replacing the boiler or withdrawing from renting the property). Friday has now been and gone, I've rung the LA several times and been told that the LL would make a decision by the end of the day which has now been and gone and the LA are unable to get hold of the LL.

    We've paid fees to the LA, deposit and months rent and signed the tenancy agreement and sent it back to the LA (we live 250 miles away so are having to do a lot of it over the phone/online).

    My understanding is that the LL is free to pull out of renting the property as long as it is done before the date we move in if he does not want to replace the boiler?

    Where do we stand on Monday when the tenancy is due to start? Is the tenancy able to start if the boiler is unsafe? If the LL decides not to rent the property are we able to get compensation from the LL/LA for the potential problems we will face (living out of suitcases while starting a new job, storage for all our furniture and the hassle of finding a new place all with three young children). Should the LA have been advertising a property that was unfit to live in? (I.e. Should they have checked he boiler was safe before advertising it)

    We've offered to pay for a new boiler upfront and pay a lower rent for the next 12 months (or however the landlord wants to do it) until the cost of the boiler has been offset.

    Any advice or help would be much appreciated

    I am surprised at the lack of response from the landlord.

    Have you and the landlord both signed the tenancy agreement?


      Originally posted by Monkey1989 View Post
      My understanding is that the LL is free to pull out of renting the property as long as it is done before the date we move in if he does not want to replace the boiler?
      I would be inclined to think that you have a contract that should be fulfilled and the LL should have a duty to house you, but there are some good legal brains on this forum that will no doubt offer a more definitive view shortly


        IMO DPT, wrong inclination. T does not commence until keys made avail & T occupies by leaving just 1 one personal toothbrush in property. But there is an unwritten Contract to supply/occupy on agreed date If LL cannot supply, then T can claim some compensation for associated expenses incurred, bur he must mitigate his loss by imm applying for other suitable properties, and vice versa

        OP what is situation with your current property?
        Is it now SPT?
        Have you served due NTQ or had offer of Surrender accepted?
        What expiry date?
        Can you negotiate with LL to stay on for another few days/rental period?
        If no, then either move family into local B&B/budget hotel for 5-7days, put most personal belongings into temp storage and claim costs from 'at fault' LL.
        If property not legally avail to occupy on Mon, you can withdraw from AST with all advance payments and admin fees etc refunded.
        TBH, sounds like new LL is playing fair, not many would inform prospective T, in advance, that property had failed it's GSC, for whatever reason


          The real question may be 'is the boiler repairable?', it may need a part which must be ordered, your new landlord may have ordered the repair and it is in the hands of the gas engineer.
          The landlord ordered the inspection so he is aware of the legalities and, no doubt, is concerned to have his property in proper order for you.
          Is there any chance of you speaking to the landlord directly without going through the agent?

          I know that agents are not the most reliable of people when it comes to organising these things, mainly because they are only really interested in their bottom line, and remember that the agent does not work for you, he is employed by the landlord only.
          I offer no guarantee that anything I say is correct. wysiwyg


            Presumably the boiler has been temporarily disabled by the gas man pending repair, so is there any reason o/p cannot actually move in?
            To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.


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