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Question

Gas Safety (England) | Landlord Responsibility for Repairs and Maintenance (England) | Tenant Obligations (England)

Requirement for tenant to service boiler at end of tenancy

29 Apr 2016 | 1 comment

As a agent occasionally we get tenants who we aren’t managing come into our office for advice which we would give out freely. But we have just been asked a question that we were not 100% sure about.

This ex-tenant has vacated their rented property but the landlord had a clause in the tenancy that the (ex)tenant had to arrange and pay for the service of the oil fired boiler and Aga on vacating. They didn’t have to do it during the tenancy only at the end. Is this legal?

Answer

1 Comment

  1. guildy

    No I don’t think that’s enforceable.

    Section 11 Landlord and Tenant Act 1985 repairing / maintenance obligations include anything which heats water or the space so includes the oil fired boiler.

    Section 12 specifically states that a landlord cannot contract out of the section 11 obligations.

    The aga might be arguable though because appliances don’t fall under section 11. However, if the aga also heats hot water for the house (as many do) then that too will be unenforceable.

    I also think it’s probably an unfair term under the the Consumer Rights Act 2015

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