Landlord Liabilities Question

[Backdrifter]

A friend just told me of this situation with his landlord (an actual friend by the way, not me). When he moved into the flat there were no curtains, no window coverings at all. She agreed he could choose and buy blinds and she'd cover the cost. He bought them, and she then didn't pay. 

 

One night at 3am the boiler broke down. Given the hour, and that she has 3 young kids, he called in an engineer for the repair and let her know the next day. She refused to cover it on the basis he'd got it done privately. 

 

Isn't she liable for these costs under the 1985 Tenancy Act?

[Hopkirk]

You can't call a heating engineer out at 3am.

I live in rented myself and know that if the boiler needs work I have to get the landlord to sort it out.

No way can you call an emergency engineer out without authority from the landlord, and expect to be reimbursed. 

[Backdrifter]

@hopkirk - Ah right, that's something built into legislation?

[Hopkirk]

Probably in their rental contract.

[Hopkirk]

If your own boiler failed at 3 in the morning (and you noticed), what would you do?

[davebro3]

bit mixed up with the hes & shes there!

[Old_Geezer]

Landlady rather than landlord.

[davebro3]

//given that she has 3 young kids, he called in an engineer//

[Hopkirk]

There is just one 'she' that should be a 'he'.

[davebro3]

Does that mean he called an gasman at 3 am. rather than disturb the landlady at night? Who would do that!

[ToraToraTora]

smells fishy to me who even knows the boiler has gone at 3am? We'd all deal with it in the morning.

[Backdrifter]

Male tenant and yes, "landlady". 

 

Hopkirk, yes I'm assuming this'll be covered in the agreement. 

 

He was trying to be considerate regarding time of day and her having kids but in doing so it does indeed seem he's made himself liable. 

[davebro3]

I don't think most gas men would answer their phone at 3am. much less turn out - unless it was a reported gas leak.

[Backdrifter]

By the way, I'm amused by the idea it's simply unthinkable, hardly possible and indeed "fishy" that someone would know their boiler had broken down in the middle of the night.

 

Anyway I'll leave you all to mull over that and debate the he's and she's.

[barry1010]

As I know the cost of calling anyone out in the middle of the night is hugely expensive I'd wait until morning.

The landlord/landlady could have a breakdown service contract that she is paying for or have a preferred gas engineer.  It is not the tenant's place to organise repairs unless the tenancy makes him responsible for the repair and maintenance including paying for it.

As the tenant paid for the blinds and there were none in situ when she moved in, she is fully entitled to take them with her when he moves out.  She paid for them.

[ToraToraTora]

how did she know it was broken at 3am? Was she trying to take a bath and discovered there was no hot water? Even so most would just wait till the morning. Frankly I'd be amazed if any engineer would take a call at 3am. Yes this whole post as a touch of jackanory about it.

[davebro3]

barry "he" is the tenant, "she" is the landlady. Confused or what...

[barry1010]

'Given the hour and that SHE has three young kids' - yes, I am confused.