House purchase - has gas safe but on completion we found illegal and dangerous flue.

[toys19]

I am a bit peeved with our conveyancer as she has just told us to pay for litigation and is not prepared to help.

We purchased our house 3 weeks ago.
Prior to purchase the vendor sent on in date Gas Cert. However on completion my gas safe reg engineer inspected the boiler and condemned it for 2 reasons.

1) The vertical flue was 300mm from a wall directly under a window. In fact the open window (a top hung DG unit) created a hood which funnelled flue gas back into the property!
2) The boiler was leaking form several manifolds, the cylinder had perforated and was a write off.

I would have been happy to repair the boiler and re-flue but the model was 8 years old and there were no flue options to fix it. The Gas Safe engineer who signed it off should never have done so. It is clear he did not inspect the flue arrangement, or if he did, he ignored it.


So we installed a new boiler at 3.5k cost.

Do we have a leg to stand on to recoup costs from the vendor?
Vendors solicitor initial reply was - your argument is with the gas safe engineer.

[BazzaS]

“Your argument is with the gas safe engineer” : I don’t think so.

 

Reply that your ‘argument’ is with the vendor, and it is them whose argument is with the gas safe engineer!

[stu007]

Hi

 

The Vendors solicitor stating your argument is with the gas safe engineer is totally incorrect as you did not employ this gas safe engineer to inspect the property and ensure it was gas safe it was the Vendor you purchased that property that did.

 

So I would reply to the Solicitor that the Vendor is responsible for the actions of the Gas Safe Engineer that the Vendor Employed therefore they are liable as upon an inspection by your own Gas Safe Engineer the following issues were raised.

 

The Boiler was Condemned

 

1. The vertical flue was 300mm from a wall directly under a window. In fact the open window (a top hung DG unit) created a hood which funneled flue gas back into the property.

 

2. The boiler was leaking form several manifolds, the cylinder had perforated and was a write off.

 

Due to the age of the Boiler the parts to try and fix it were no longer available and it had to be replace at cost.

 

I would also attach a copy or your Gas Safe Engineers Report.

 

 

What I would also consider is hopefully you have a copy of the Vendors Gas Safe Engineers report which should have there name and gas safe registration number on it and consider reporting this to the Gas Safe Register with your own Gas Safe Engineers Report. (Don't tell the Vendors Solicitor you are doing this nothing to do with them yet) and keep a good record of this

 

Report Gas Work Concerns - Gas Safe Register

WWW.GASSAFEREGISTER.CO.UK

---

Use this online form if you have a concern or complaint about gas work that has been carried out by a Gas Safe registered engineer, we will...

 

[toys19]

Ok thanks.

[toys19]

An update - I have a new lawyer, they think we may have a case due to the form TA6 Property Information form.
Section 12.3 question C.

Quote

Is the heating system in good working order? Answer yes. .

This is potentially misrepresentation. Letters have been sent...

And the gas safe issues, they agreed with you guys, its not a problem between me and the engineer, its between the vendor and the engineer. 

Edited April 28, 2023 by toys19

[stu007]

Hi

 

Just poping in to see how this is going any update

[toys19]

Yeah so funnily enough our solic has just had a reply asking if we would be prepared to discuss an offer. Which was probably all I wanted all along, I don't expect a brand new boiler for free, but then I don't expect to have to replace the existing boiler the day I take possession. If I got half the money back I would be happy.  We are drafting a reply asking for their offer. 

[stu007]

Hi

 

I have to agree with them in a way paying for this by making some sort of price reduction or payment offer as they

 

Misrepresented themselves on the TA6 Property Information Form where it states Is the Heating System in good working order?  Answer YES

 

Except when you had this independently inspected you have proof that 

 

a) Due to the Flue and Boiler being in a dangerous state.

 

b) The Gas Safe Engineer they Employed needs to be reported to the Gas Safe Register and you require that persons Gas Safe Registration Number
(doesn't stop you asking for that persons Gas Safe Registration which the Seller should have on there Gas Safe Report issued to them by the engineer they employed just another angle to play them off with that you are serious about this especially as this is Gas)

[stu007]

Hi

Any further update on this?