Key topic:
Boilers and heating
Award:
£400 for the delays, distress and inconvenience
Resolved by:
Early resolution
What happened?
The complainant said:
- he told the agent as soon as the boiler stopped working at the beginning of February
- the agent never responded
- he emailed the agent one week later to find out what was happening and then had to chase again at least twice a week throughout February for an update
- at the beginning of March the agent confirmed the landlord had authorised them to send out a plumber
- by the time the agent replied and the plumber came, he had bought two fan heaters
- it took over six weeks before the boiler was repaired
- due to the delay and the time of year, other problems like mould and damp began to appear
- he was left cold and without hot water for much of this time, having to go the gym for showers and rely on neighbours for help
- they believe they should be compensated with:
- £400 - compensation for their time spent chasing and the inconvenience caused
- £800 - rent refund for the time heating and hot water were unavailable
The agent responded, saying:
- they did carry out regular inspections and there was no problem with mould growth at those times
- they accept that the complainant’s first email fell through the cracks the landlord was informed as soon as they became aware
- the landlord needed to approve the action plan
- they did apologise to the complainant for the delay
- it took the landlord one week to reply to their request and then the plumber was booked and attended the next day
- as parts were needed for the repair, it took another ten days to be resolved
What evidence was provided?
Tenancy agreement, email communication, photos and invoices
What was decided and why?
- Due to the time of year this was an urgent problem which required prompt action
- Although the agent accepted that they had missed the tenant’s email and apologised, the time taken to resolve the issue was unreasonable without some help and advice being offered to the tenant
- As soon as the problem was reported, the agent and landlord could have provided temporary heaters without the complainant having to buy their own
- Additionally, the complainant having to chase the agent for a response shows a poor level of service and communication
- The delay, distress and inconvenience caused to the complainant warranted compensation in addition to the apology already issued
- In relation to the claim for a rent refund, this would be the landlord to make this decision and is not the agent’s responsibility
How can you avoid this happening in future?
Where a boiler breaks down, it should be dealt with promptly and all action taken to resolve it quickly.
- Agents should encourage their landlords to keep their boilers serviced regularly to minimise the risk of them breaking down (this is separate to the gas safety checks required by law)
- Where parts are needed which may result in a delay, find a solution that will work for the interim
- At all stages of any issue, tenants should be given regular updates
- Agents need to check their processes to make sure communications are not missed and replied to promptly
For more information on how to avoid problems with your boiler, read mydeposits guide to preparing your boiler and heating system for winter here.
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