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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Im in a rented property, and recently, my gas usage .

Customer Question

Hi
Im in a rented property, and recently, my gas usage doubled. In investigation after asking for the meter to be checked, the problem was actually with the thermostat on the water tank,
The thermostat had come off, as it had been attached with a "net curtain wire", and had come undone.
Is this an acceptable way for the landlord to connect it?
I am now in debt to the gas company as a result of this.
I look forward to your reply
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you.What has your Landlord said about this please?Alex
Customer: replied 9 months ago.
They have said its my responsibility, I should have noticed that the thermostat had come off.
The water tank is in a cupboard, and it's not something I ever have anything todo with.
I've checked my parents water tank, and their thermostat is fixed the tank, and it cannot come off
Customer: replied 9 months ago.
What I would like to understand is,
Is there a level of fixation of the thermostat to a water tank, and what is it? Is is really acceptable to use something that quite clearly can come off, especially when it is a rental property
Thanks
Expert:  Ash replied 9 months ago.
What extra costs have been incurred please?Do you have a figure?
Customer: replied 9 months ago.
My average monthly bill was £45. The bill went up to £111.00 per month.
My bill is quarterly, so this was the first I knew of it
Expert:  Ash replied 9 months ago.
your landlord is responsible, its his equipment not yours and his responsibility. He has to make sure it's in correctly and working. It is not your responsibility at all.You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
So, my landlord is housing association, do the same rules apply?
The thermostat does work, however, for whatever reason the wire came undone (a wire which is in my experience used for hanging net curtains). Is there a standard of fixation that should be adhered to for the thermostat on the water tank?
Expert:  Ash replied 9 months ago.
Yes. The Landlord is responsible. its not your fault it came undone. Their are responsible for the standard of fixings etc.Does that help?Alex
Expert:  Ash replied 9 months ago.
I cant see how its your fault.Alex
Customer: replied 9 months ago.
Thank you. Could you please clarify the issue of the standard minumum requirement for the fixing of a thermostat to a water tank.
Obviously, as we now know in hindsight, this coming off of the tank causes more gas to be used, as the boiler believes that the water still needs hearing, as it cannot feel an increase in temp. I would love to take this to court to claim the expenses back, however, I really believe that the minimum requirement of fixation is pivotal for the defence as the water tank is inside the building, and in a cupboard
Many thanks
Expert:  Ash replied 9 months ago.
Its something that belongs to the Landlord and therefore is NOT your responsibility.Thats it really - if its the Landlords property (which it is) they are responsible for it and its upkeep to make sure it works and is properly affixed etc.Does that clarify?Alex
Customer: replied 9 months ago.
Only partially.
Yes, it's the landlords property, however, to ensure a solid case, I'm looking for clarity on the fixing mechanism for the thermostat on the water tank, as the landlord states this is my fault
Thanks
Expert:  Ash replied 9 months ago.
Its not. Its the Landlords property. If the Landlord for example gives you a washing machine, that makes him liable for it 100%.This is the Landlords kit and therefore his problemALex
Customer: replied 9 months ago.
Thank you. I hear you,however in terms of defence, I still don't think this will be solid enough. I will however pursue the letter in writing seeking settlement of the costs incurred, and proceed with small claims if I don't get the result I'm looking for.
I will be using your "argument in defence"
Thank you
Expert:  Ash replied 9 months ago.
Good luck, I wish you success.AlexIf this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Expert:  Ash replied 9 months ago.
Alex
Expert:  Ash replied 9 months ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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