Last updated: 22nd March, 2024
Advice
Having a broken boiler is a stressful ordeal for anyone but when you live in a rented property it can be even more of a hassle due to the uncertainties about who is responsible for getting the boiler fixed/replaced and taking out boiler cover. Is it the job of the tenant or the landlord?
In this article, we’re going to be taking a look at the rights and responsibilities of both tenants and landlords when it comes to getting your boiler fixed, replaced and covered for the future.
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If your boiler has stopped working, you must contact your landlord to let them know so they can arrange a repair or replacement.
This is because it is the legal responsibility of a landlord to ensure that you are safe and comfortable in your home and part of this is making sure you have Gas Safe heating and hot water.
According to the Gas Safety Regulations 1998, landlords are responsible for making sure checks are carried out by Gas Safe registered engineers on the fittings, gas appliances, chimney and flues provided for tenants in order to comply with the Landlord Gas Safety Record.
Unfortunately, in England and Wales there are over 60 deaths from carbon monoxide poisoning every year. As a result, the government set up the Gas Safe Register (formerly known as CORGI), which states that by law, all gas engineers must be registered as Gas Safe.
Where there is a breakdown of any kind (providing you haven’t damaged the boiler yourself in any way) it is entirely up to your landlord to have the boiler repaired or replaced in order to restore your access to heating and hot water. In cases of emergencies, such as where there is no heating or hot water, your landlord must arrange for it to be fixed within 24 hours.
If the boiler cannot immediately be fixed in the event of an emergency, it is also their responsibility to arrange alternative accommodation for you until the job is done and it is safe for you to return.
Landlords are also required to arrange services to ensure your gas appliances are still working safely. Failure to do their safety duties as a landlord can result in financial penalties, imprisonment or both and without annual services, most insurance policies and warranties become invalidated.
Should any servicing or maintenance need to be undertaken, your landlord is required to give you a minimum of 24 hours notice if they intend to visit the property. They cannot enter the property without your permission, though you should of course do your best to cooperate as it is in your interest to get your boiler up and running again.
It is the landlord’s responsibility to take out boiler cover and it is usually beneficial for them to make use of Landlord Boiler insurance as without it they are responsible for covering the cost of any repairs or replacements which can be costly.
Depending on the type of package your landlord chooses, landlord boiler insurance can cover leaks, boiler breakdowns, central heating breakdowns, annual boiler services, parts and labour, Gas Safety Certificate, carbon monoxide test, internal plumbing, home security and electrical emergencies.
Whilst it is the responsibility of the landlord to take out boiler insurance and arrange for repairs, it is your job to keep your landlord informed about any breakdowns or issues you may have with your central heating system as soon as you become aware of them.
DID YOU KNOW? Under Section 11 of the Landlord and Tenant Act 1985, as a landlord, you must carry out repairs in a ‘reasonable time’. If it’s an emergency repair such as having no heating or hot water, you should fix this in 24 hours.
iHeat can have a boiler installed and working within 24 hours of ordering, keeping your tenant happy and helping you to abide by the law.
As a landlord, you have many responsibilities to ensure your tenant is safe and comfortable in their home. These include Gas Safe heating and hot water.
It is your legal responsibility to provide these at all times.
Where there is a breakdown of any kind where the tenant has not damaged the installation in any way, it is entirely your responsibility to have the boiler repaired or replaced to restore access to heating and hot water to your tenant. In cases of emergencies such as no heating or hot water, this must be fixed in 24 hours.
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To comply with the Landlord Gas Safety Record, checks must be taken and carried out by a Gas Safe registered engineer (such as ours at iHeat) as part of the Gas Safety Regulations 1998. If the property is deemed safe, you will be awarded with a certificate which should include:
A description and location of each appliance and/or flue checked.
Name, registration number and signature of the engineer who carried out the check.
A date on which the appliance and/or flue was checked.
The address of the property at which the appliance and/or flue is installed.
The name and address of the landlord.
Any defect identified and any action taken to fix it.
Confirmation of the results of operational safety checks carried out on appliances.
You must then ensure that any gas appliances and flues are safety checked annually by a Gas Safe registered engineer and keep a record of this. Failure to do your safety duties as a landlord can result in financial penalties, imprisonment or both. These consequences can include:
Conviction of landlord.
A fine of £6,000 for each breach and/or 6 months imprisonment.
Insurance cover could be invalidated due to non-compliance.
If there is loss of life, the guilty party could be charged with manslaughter.
You should also make sure that an up-to-date record is kept of the gas safety check within 28 days of it being completed and that the new tenants are provided with a copy before their tenancy begins.
Should any servicing or maintenance need to be undertaken, you are required to give a minimum of 24 hours notice to the tenant if you intend to visit the property. You cannot enter the property without the permission of the tenant, but if they fail to cooperate or be obstructive to their safety checks, you must show that you have taken all reasonable steps to comply with the law, including repeated attempts to secure a suitable date and a written explanation of the safety check as a legal requirement.
If your tenant is still refusing access, contact the National Landlord Association on 020 7840 8939 for further advice.
It is your responsibility as landlord to take out boiler cover, though you should note that it is usually beneficial for you to make use of Landlord Boiler insurance as without it you are responsible for covering the cost of any repairs or replacements which, as we’re sure you’re aware, can be expensive.
Depending on the type of package you choose, landlord boiler insurance can cover leaks, boiler breakdowns, central heating breakdowns, annual boiler services, parts and labour, Gas Safety Certificate, carbon monoxide test, internal plumbing, home security and electrical emergencies.
Whilst it’s your responsibility to take out boiler insurance and arrange for repairs, you should remind your tenant to keep you informed about any breakdowns or issues they may have with their central heating system as soon as they become aware of them so you can take action as soon as possible to get it fixed.
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A landlord is responsible for ensuring that the boiler in their rental property is maintained, serviced regularly, and functioning adequately. This includes making necessary repairs and conducting yearly gas safety checks to comply with relevant regulations and ensure tenant safety.
By law, a landlord must arrange an annual gas safety check, including servicing the boiler. A Gas Safe registered engineer must carry out this check, also known as CP12. Regular servicing ensures that the boiler works correctly and reduces the risk of dangerous carbon monoxide leaks.
A gas safety check ensures that all gas appliances, pipework, and flues provided by the landlord are safe and in good working order. A boiler service, on the other hand, is a thorough inspection of the entire boiler system, including a performance test, cleaning, and potential preventative repairs.
In the UK, a landlord must ideally restore heating and hot water within 24 hours of being notified of a problem. Still, emergencies and severe weather conditions may justify an extension. If it takes longer than a reasonable time frame to fix the issue, landlords must provide alternative heating options, such as portable heaters, until the problem is resolved.
Landlords must have an annual gas safety check and boiler service performed by a Gas Safe registered engineer. They must also maintain the boiler system, fix malfunctions, and ensure it is efficient and safe for the tenants. Providing a copy of the gas safety record to new and existing tenants is a legal obligation.
A landlord should consider replacing a boiler when it becomes uneconomical to repair or maintain or if its efficiency has significantly reduced. Other factors, such as recurrent breakdowns or if the boiler is more than 15 years old, may also indicate that a replacement is necessary.
Although there is no specific timeframe, a landlord is legally responsible for repairing a faulty boiler as quickly as possible. It is generally advisable to address heating and hot water issues within 24 hours to ensure tenant comfort and avoid any potential negative consequences related to legal requirements.
Failure to service the boiler and maintain the necessary gas safety requirements can result in serious penalties for the landlord. These penalties may include fines, legal action, and even imprisonment. Furthermore, if a tenant experiences injury or harm due to the landlord's negligence in boiler maintenance, they may be held liable for compensation claims.
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