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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi Sometime ago I replaced a hotwater cylinder for a customer

Resolved Question:

Hi

Sometime ago I replaced a hotwater cylinder for a customer through a letting agency, the heating source was an AGA so for efficiency I replaced the cylinder with a direct one and it worked ok. Later on another problem developed and so the landlord called in his usual plumber. His plumber had noticed the cylinder had been changed and told the tenant that the install was wrong and immediately told his landlord that the cylinder should be changed for an indirect one as soon as possible because of cross water contamination. They changed the cylinder but not before getting a second opinion and they agreed the cylinder I installed was wrong. The Landlord wrote to me through the letting agent explaining how unhappy they were about the situation, I told them there was nothing wrong with the installation and sent literature explaining this, however, they couldn't be turned and so I ended up refunding them for my installation. Obviously the letting agent wasn't happy about the situation and have stopped using us. Anyway I spoke to the manufacturer and their answer was because it was an Aga it doesn't matter if it is a direct or indirect because the heat exchanger is glass lined but this explaination has fallen on deaf ears and the letting agent hasn't contacted us since. Do I have a libel case

Regards

Chris Nixon
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello Chris,

I am afraid I do not see you having a case as the landlord/letting agent are allowed to make fair comment and they were acting reasonably in the circumstances having had 2 "expert" opinions that your work was faulty.

Furthermore, the letters were sent to you and if they were not sent to anyone else, there is no libel.

Sorry, but if can only advise you truthfully and cannot give you false hope or mislead you or change my answer to something you wish to hear.
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Customer: replied 3 years ago.

Thanks for your answer, it's not the answer I was hoping for but it is what it is. Plumbing and heating is what I do for a living and I'm really good at it. You say they had two expert opinions but with plumbing and heating the bible is dictated by the manufacturer and what they say goes. The landlord wrote to the letting agent to forward onto me. The Landlord was wrongly advised about the installation and was proven so when I spoke to the manufacturer.


 

Expert:  UKSolicitorJA replied 3 years ago.
I do sympathise with your position.

All the best-please leave feedback