Is it illegal for the landlord not to repair the gas boiler?

Question

When I initially rented this plaace, the landlord said that heating was electric only, no gas. I paid huge electric bills last winter and have been told by an engineer that the gas boiler needs to be replaced. I am now also informed that it is illegal for the landlord to let out his place fully aware that the gas does not work? Is this true?

Answer 1

It is the landlord's responsibility to provide the upkeep of the residence.

Answer 2

It is illegal to rent out a property with gas appliances which do not work - before taking tenants the landlord has to provide a gas safety certificate, which is renewed annually by corgi engineers for a charge. It seems that he told you that the heating was only electric because he knew the gas was not working. The crucial point here, is that if it is still possible to use the gas heating, then your landlord is liable, and you should draw his attention to this fact. If the boiler has been disconnected, along with the gas supply, then you don;t have a case - the rules are designed to prevent tragedies arising from gas leaks, poorly maintained appliances, etc. Practically speaking, you also need to think about your relationship with your landlord - is it an assured shorthold tenancy? Do you want to move on? Have you paid a deposit?Contact your citizens advice bureau in the first instance - quite often if the landlord is difficult and will not see reason, it is better to move on. You could spend your own money on getting the heating fixed and trying to reclaim it, but without all the facts, it is not certain whether or not you'll be successful - and most people don't want to go to the small claims court if you can settle successfully outside it.

Odds are that the boiler is connected and therefore a potential death trap. If so, you can "blow the whistle" on him - also speak to your local council, and they can serve an enforcement notice on him - which means he has to correct it.
Hope that helps!

Answer 3

Hi I'm a lawyer but I'm not 100% on this one.

1. Check your tenancy agreement. Is there any reference at all to power supply and if so does it mention gas (it would be unusual to go into great detail and what type of power and appliance is being provided).

2. As mentioned by others, if you took the property on the basis that no gas supply was included then the fact that there is a gas supply (but that it does not work) will not be a breach of of the tenancy agreement.

3. However, is there a duty on the landlord to service the gas appliances which is implied by statute. Yes, there is - hence the Court case discussed by another user on this page.

4. Does that duty apply here? Possibly. Even though the gas appliance is not your primary (or your agreed) source of power. The gas appliance must still be in a condition that will not cause you harm. I.e. it must be safe (whether it works or not). If the appliance is not safe then the landlord must make it safe. It might be that in the process of making the appliance safe the landlord must fix the appliance.

5. If the landlord, by making it safe, fixes the appliance can you then use it? Strictly speaking this is up to the landlord. Sounds like you have no right to use it. Indeed the landlord might, spitefully, not want you to use it (after you have made him repair it!). However, practically speaking - and if you pay the bills - it might be difficult to stop you from doing so.

Regards

Answer 4

Your landlord is responsible for it, and he needs to fix it. If it is not in fit enough condition to rent it, then he should not have rented it.
A group of friends of mine rented a house together not so long ago, and when they moved in they found the house was rat infested. So they called the landlord, he called a handy man, and the handy man came to fill the rat halls with a foam gun. But they didn't know that the foam had highly flammable gas, and the rats had chewed wires behind their gas boiler. While the handy man was there, someone came down to switch on the boiler to take a shower. It went Short circuit, and the kitchen exploded. Fire department was so unhappy, because the house should not have been rented in this condition.
So I am telling you, it is not only expensive that you haven't got a gas boiler, but it's pretty dangerous too. No one died or injured in the explosion, but it was really bad. Get your landlord to sort it out as soon as possible. If he refused, contact someone like CAB or something to write a letter to him.

Answer 5

The landlord is responsible to make sure that the resident is safe and livable. You have many options until he fixes it such as getting out of your lease or not paying rent until it is fixed. Check with th elaws in your state. My previous landlord never replaced my stove which had a gas leak (the gas company had turned off gas to stove so I had nothing to cook with except a grill) I didnt pay rent for 4 months. He stil hadnt fixed it so I told him I was moving and wont be paying back rent because he didnt keep the renter-landlord agreement. Like I said, check with laws in you state before making a drastic move. Type Landlord tenant laws "state you live in" in your browers.

Now... if the gas boiler has nothing to do with you having heat just effects the cost then sorry there is nothing you can do. He told you it was electric when you moved in.

Answer 6

When you moved in the landlord told you it was elecric heating only so you shouldnt be trying to use the gas boiler, but if the gas boiler is working in anyway and giving off carbon monoxide then I think the landlord is responsible. It should have been disconnected if it is not to be used. Ring your local citizens advice beaureau for proper advise on this matter.

Answer 7

you where on notice about electric heat, while it is expensive for you I am sure the landlord made the decision it was cheaper to place electric heat then replace the boiler.

While if gas was the only heat, source of cooking etc, then it would be illegal but if the kitchen works, you have heat even if just electric, have hot water you can not force landlord to install a boiler to make you bills cheaper

Answer 8

If there is a gas system in the house then the landlord has a legal responsibility to ensure your house has a gas safety check every year by a qualified engineer and have a certificate of proof.
Go to the Housing Dept of your local authority, who will giveyou advice and write to your landlord on your behalf to insist this is done.

Answer 9

If the gas boiler was the only heat source, he would have to fix it. However, since there is another heat source, I doubt he does. There's no law stating that a home has to have two heat sources (that I know of anyhow). Now if his idea of electric heat is that you have to plug in space heaters... that's another issue entirely. But if the house has built-in electric heat, I'm afraid you're probably out of luck.

Answer 10

Yes it is illegal, our daughter is in the middle of a court case with her landlord over a similar problem, seek advice from a solicitor or the citizens advice beareu. It would also be advisable to get your local council to inspect and ensure that you have the relevant safety certificates with regards to the gas and electric supplies.

Answer 11

under current law the landlord has a legal reqiurement to make sure that any place they are letting out has to meet the all safety standards,call in the local gas board and if not fit for use they can comden the boiler and take legal action on your behalf