Help/advice on a legal matter

[pumbaa]

I'll try and keep this succinct. Basically, I've just discovered that the central heating boiler installation in my house is completely illegal. Whoever installed the boiler (several years ago) used the previously installed hot air system flue through the loft, which has been blocked off. So essentially the boiler is not vented at all = very dangerous.

Now, when I purchased the house (in July), the owner on his HIPS report stated that the boiler was in good working order and had been serviced (by British Gas under one of their care agreements) within the past 12 months. When I asked for documentation, he claimed to have lost it.

Now I appreciate I should have got the boiler checked out before signing contracts, but hindsight is a wonderful thing. That said, a HIPS document forms part of the legally binding contract for house sales, and the previous owner has essentially misrepresented the condition of the boiler (this assumes that British Gas have done their job properly of course and made him aware that the installation was illegal).

I've spoken with my solicitor who handled the conveyancing, Consumer Direct, Citizens Advice Bureau and Community Legal Advice, none of whom can or will answer a fairly simple question; that is, do I have any legal recourse given that the sale has gone through?

I have another call in with my solicitor at the moment, but they seem to be doing everything possible to avoid helping me. Any advice as to what other avenues are open to me? Thanks.

[herthab]

Kneecap the estate agent?

[pumbaa]

Kneecap the estate agent?

Would you be willing to volunteer? I don't do violence. Yet.

[Nomoreheroes]

Don't know the answer, but I would:

1. Double check that you are not being screwed by whoever checked your boiler.
2. Get it fixed if necessary
3. Contact British Gas and see if they have record of the house being covered on the contract. That way you can tell whether the previous owner is telling porkies or not:

If he is telling the truth:
- I would get him to insist that British Gas send a supervisor out to check the boiler and the flue. Then have him threaten British Gas with legal action for allowing him to live in a dangerous property while taking money each year to service the boiler.

If he's lying:
- Threaten to take him to the small claims court for the full amount of the repairs plus damages up to the total of 4999 pounds. Tell him that the court action will be for breach of contract. (Or whatever your solicitor or Citizens Advice suggest.

But, the first thing I would do is get it fixed

[Dozno9]

In a word Pumbaa, yes. From what you have said, the seller of the property has made a misrepresentation to you (that the bolier was serviced within the last 12 months and approved by British Gas). Whereas generally a buyer is responsible for inspecting the property and making sure everything is in satisfactory condition (known as the "caveat emptor" rule), this was a representation made to you by the seller of the property you should have been entitled to rely on it. The seller has committed a tort against you. It is essential that you contract solicitors immediately, preserve the HIP (guard that with your life) and if possible get an independent report carried out on the boiler, along with some photographs should your claim ever get to trial.

Also since January 2007 it is a requirement for all homeowners to be able to provide evidence of any gas/building work undertaken in order to sell their property. It obviously sounds as if the seller breached this requirement also.

Hope this helps.

[pumbaa]

1. I am getting a second (and third) opinion. Plus full estimates on costs to replace and relocate the boiler (there are a couple of other problems that need to be fixed as well).
2. I'm using the boiler at risk until such time as I understand my legal rights.
3. Done that. Data Protection Act. Cunts. I'm pretty convinced the previous owner was aware of the problem and failed to disclose it knowing we would pull out or significantly reduce our offer.

I know I need to get it fixed. I just don't have a spare 3 grand lying about right now. Catch 22.

[pumbaa]

In a word Pumbaa, yes. From what you have said, the seller of the property has made a misrepresentation to you (that the bolier was serviced within the last 12 months and approved by British Gas). Whereas generally a buyer is responsible for inspecting the property and making sure everything is in satisfactory condition (known as the "caveat emptor" rule), this was a representation made to you by the seller of the property you should have been entitled to rely on it. The seller has committed a tort against you. It is essential that you contract solicitors immediately, preserve the HIP (guard that with your life) and if possible get an independent report carried out on the boiler, along with some photographs should your claim ever get to trial.

Also since January 2007 it is a requirement for all homeowners to be able to provide evidence of any gas/building work undertaken in order to sell their property. It obviously sounds as if the seller breached this requirement also.

Hope this helps.

Yes it does. Thanks. As I said, I'm waiting for my solicitor who handled the sale to get back to me. Hoepfully tomorrow. I'll mention what you said.

[Sussex]

If the owner claimed in his HIPS report that the boiler had been serviced by British Gas in the last twelve months, could you not check with British Gas that they did service it? They must keep records of dates of visits.

[suttonred]

1. I am getting a second (and third) opinion. Plus full estimates on costs to replace and relocate the boiler (there are a couple of other problems that need to be fixed as well).
2. I'm using the boiler at risk until such time as I understand my legal rights.
3. Done that. Data Protection Act. Cunts. I'm pretty convinced the previous owner was aware of the problem and failed to disclose it knowing we would pull out or significantly reduce our offer.

I know I need to get it fixed. I just don't have a spare 3 grand lying about right now. Catch 22.

If it's that bad you need to turn it off, you might be cold but you wont be dead from carbon monoxide.

[pumbaa]

If the owner claimed in his HIPS report that the boiler had been serviced by British Gas in the last twelve months, could you not check with British Gas that they did service it? They must keep records of dates of visits.

I did. They won't tell me. Data Protection Act. I wasted 10 minutes of my life finding that little nugget out. Wankers.

[pumbaa]

If it's that bad you need to turn it off, you might be cold but you wont be dead from carbon monoxide.

Well we haven't died in 4 months, so I'm prepared to continue to use it at risk for the immediate future. There is a CO monitor on the wall just outside the cupboard where the boiler is located. I don't intend to let this situation drag on, trust me.

[leefer]

Surely the surveyor should have picked this up before agreeing to give you the mortgage?

[chalkies_shorts]

If the problem is the venting then in the short term its cheaper and safer to redirect the vent than replace the whole system. I'd have thuoght reventing would not be too expensive. This would also buy you a bit of timee to sort out the issue legally. 

[Nomoreheroes]

I did. They won't tell me. Data Protection Act. I wasted 10 minutes of my life finding that little nugget out. Wankers.

I had a similar problem. However, quote back at them 'Freedom Of Information Act' and say you don't want to know any detail about the person or the contract, you just want to know whether British Gas covered the property up until whatever date.

The problem I had when I sold my house was that it had been covered by British Gas since I built the property 10 years ago. The people who bought the house from me told me that a British Gas engineer came out and told them that the system should be condemned as it was dangerous due to it being fitted incorrectly in the first place. He told them that it was a death trap and didn't conform to standards. It would therefore cost them 5k to replace.

I knew this was wrong and contacted British Gas threatening them with legal action. They eventually sent someone else out to check and said it was fine other than there had been a Corgi standards change and that they would 'upgrade the system' (basically put in an extra trip switch) for the new owners free (because of the aggravation caused).

So, this is why I questioned whether your boiler really needed 'fixing'. Was it the same over zealous British Gas employee that was trying to drum up extra business or is there indeed a propblem with the boiler?

[Bogus Dave]

could you not get him done for negligent misrepresentation?