# tenant has reported broken switch on obsolete storage heater. LL's obligations?



## pAnTs (7 Mar 2013)

Hi there,

I have a tenant who has complained on a number of occasion about the storage heater in one of the rooms not working. 

Prior to me finding this particular tenant an electrician had a look at all the heaters and verified that all were in working order, this is my first house purchase and he is my first tenant. 

I arranged for a second electrician to take another look at the storage heater as he was complaining incessantly that it was faulty. I met with the electrician in the house and together we saw the there was no problem with the storage heater. 

I have just received another message off the tenant saying that the switch was broken off the heater and that if i didn't fix it he was moving out. He sent me a photograph of the switch so I have been in touch with a few repair companies who have said that the part is not available as the model is obsolete.

The company quoted me for an equivalent heater, I suspect my tenant is liable for this cost as he broke the switch but I would just like confirmation of this before I approach him on it, is there anyone that can advise me on my rights as a landlord. 

We are registered with the PRTB. 

Many thanks in advance


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## oldnick (7 Mar 2013)

Besides the technical legalities of the situation one has to look at the whole picture before maikinga  decision or, from us, giving advice ?

Is he the sole tenant ?
How long has he been there ? 
Besides the heater complaint has he been O.K.? (paid on time and place in good state)
His he paying a rent that is comensurate with property/area?
Is it easy to fill the place if he moves out?

If he's been there for several months and everything is fine (besides heater thing) then I'd say just get a new heater for him, especially if it may not be easy to immediately get a substitute good tenant.

If he's a slow paying pain and you could get more out of another tenant then let him leave. As regards paying for a new heater ...I'm not sure that you could get away with making him pay (out of the deposit I assume). You say "he broke the switch". Did he ? Not easy to prove.

You say the heater is old -or, rather, "obselete". Just because it was working beforehand doesn't mean he broke it ,rather than it broke through natural age, wear and tear.

As a LL it's not a battle I'd fight too strongly.


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## pAnTs (7 Mar 2013)

Thanks for your reply in response...

Is he the sole tenant - YES
How long has he been there - 7 MONTHS 
Besides the heater complaint has he been O.K.? (paid on time and place in good state) - HE'S HIGH MAINTENANCE BUT PAYS ONTIME ETC
His he paying a rent that is comensurate with property/area? YES
Is it easy to fill the place if he moves out? DON'T KNOW :-/

It is an old heater but it wasn't broken when I was in there a couple of weeks ago with the electrician, he has texted us to say the switch was broken and emailed us photos so wouldn't be that difficult to prove it wasn't broken previously, still not so sure of who is liable


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## oldnick (7 Mar 2013)

Again ,it's the issue of whether he broke it ,or whether it broke due to age and use. 
I'd be surprised if it came to a dispute any decision making authority will say that things that were fine yesterday break today- and that to penalise the tenant because something broke would go against you.

As matter of interest how much is a new heater ? (which you'd have to have bought anyway sooner or later). And what rent are you getting ?


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## Bronte (8 Mar 2013)

pAnTs said:


> - HE'S HIGH MAINTENANCE BUT PAYS ONTIME ETC


 
What does this mean?

Re your old obsolete heater, you're going to have to take this on the chin.  It's not worth arguing with a tenant over. It's not his fault that that the part cannot be replaced.  

BTW - I find storage heaters the worst ever invention of heat source.  And they are fiddly to work with and any I've had with tenant's were a nightmare.  Too hot or too cold, cannot be turned off or on and impossible to figure out.


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## ajapale (8 Mar 2013)

Title edited by moderator. Please ensure that you use meaningful titles. This makes it easier for those posting answers and makes it easier for users to find similar questions in the future.

Tenant has reported broken switch on obsolete storage heater. LL's obligations?

aj


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