# Boiler Damage due lack of oil.....who's liable



## aido71 (18 Dec 2013)

I hope title is clear enough. The other day tenant contacted us saying heating not working, keeps cutting out. Next day had neighbour (plumber very handy) take a look and had all back working within 24hours (pretty prompt action if i do say so).Turns out the oil had run out and `the gunge at the bottom of tank sucked into pump which caused blockages etc. Anyway cost to fix €170 (and i know no labour involved cos done as a favour). He gonna also put in a filter which should prevent future problems. So i have paid for this but my question is this: Who legally is required to pay for this? As landlord i am responsible for the systems etc but damage here caused by tenant who let oil run out......I dont intend making an issue out of this but i would like to know if technically i am entitled to make tenant pay or at least share costs. I dont intend to but certainly no harm letting them know that we sorted issue promptly and hope they appreciate it......just curious..thanks all!


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## Eithneangela (18 Dec 2013)

Maybe lesson there for all landlords. Lease Agreement to have clause which states that if the heating system is damaged due to lack of oil, then tenant is responsible for any costs associated with repairs required. Perhaps the clause could state that the tenant is responsible for ensuring that sufficient oil is present in the tank to run the heating system?


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## murphaph (19 Dec 2013)

I think the tenant would have to be made aware that letting it run out could cause damage. I think in a properly installed system this shouldn't be the case tbh. There should have always been a filter on the inlet. It's not an obvious thing like letting a bath overflow...the average person couldn't be expected to know that failure to maintain a minimum tank level could cause such damage to boiler, so unless it's clearly spelled out in the lease the tenant can't be held responsible and if I was to include such a paragraph in a lease I would draw specific attention to it at time of signing.


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## jhegarty (19 Dec 2013)

It shouldn't cause damage to run the tank dry.  This was a case of a improperly installed tank.


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## Knuttell (20 Dec 2013)

Agree with the 2 previous posters,not the tenants fault.Get the receipt for the part and write it off against tax and chalk it up to experience.


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## Bronte (3 Jan 2014)

Knuttell said:


> .Get the receipt for the part and write it off against tax and chalk it up to experience.


 
I agree with this.  It's best to explain to tenant's that they should check the tank regularly, and there is a guage for this, better than my old stick the sweeping brush in it system.


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