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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hello Q re Boiler Repairs at a rental property. I am the Landlord. Leakage

Resolved Question:

Hello Q re Boiler Repairs at a rental property. I am the Landlord.
Leakage from a boiler. Plumber stated repairs would be £240., job awarded through rated people online. I emailed to confirm the price and commented I am happy to get the problem sorted and pay for it but not happy to pay 100's for assesments . Plumber asseseed the problem and after carrying out repairs on the boiler for agreed £240, he now states that there is a hole in the tank and infact the tank needs replacing. Am I required to pay him £240 for carrying out repairs which werent necessary in the first instance?He has failed to detect the actual problem and carried out washer repairs which were not necessary as teh tank wil need replacing anyway(and wasted 3 days of my time). I do not live at the property. The boiler cannot function as the tank has a hole and needs replacing.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did he not spot the hole before carrying out the repiars?

Alex Watts :

Would it have been possible to spot the hole before repair please?

Customer:

Did not spot the hole before the repairs stated th e leakage was due to a washer than needed changing. After having changed it he seems to have spotted the hole and has said it would have been difficult to spot itso the whole tank needs replacing and he has carried out repairs on a tank which would need replacing so money down the drain literally.

Alex Watts :

But could he have spotted the hole before repair? If not then the answer is no you are not entitled to your money back

Alex Watts :

This is because he may have had no way of knowing the hole was there whilst carrying out other repairs

Alex Watts :

If he could have spotted the hole then you are entitled to your money back as he should have diagnosed it correctly first

Alex Watts :

can I clarify anything for you about this today please?

Customer:

I am certain he would have spotted teh hole in teh tank before carrying out repairs to the pipes and valves as it would have been visible. He only spotted it after he filled the tank again with water afer repairing teh pipes and valves that it was leaking at another place and there was a hole. I think it does answer teh question. I have only seen pictures and going by what he says.

Alex Watts :

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 recorded 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 matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?



Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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