Would this letter stand up in court (from landlords)

Guest2 · 21 Dec 2011 at 16:55

December 2011

To all tenants

If you are going to be away of the holiday period please do not yurn your central heating off. If you do and the pipes freeze in your boiler or elsewhere in the flat you will be responsible for the repairs, not only to your flat but to other parts of the house should your piper burst and cause damage to other flats

Merry Christmas and a Happy New year

****** and ******

--------------

We have had the central heating on about 3 times in the past 2 months.

We are on a gas meter and have about £5 left, which needs to last us until the new year (just for showers so will be fine)

Showboat · 21 Dec 2011 at 16:56

As a landlord i wish i could do this.

You can ask them to keep it on to help avoid any damage, it's in their interest as well as the landlords.

They should also have insurance to cover it.

J.B · 21 Dec 2011 at 16:57

mmm not sure really, In your contract it will say that you will need to keep the property in good condition and part of that will be not letting the pipes freeze.

Thats my assumption, now let someone more knowledgeable answer...

Tunney · 21 Dec 2011 at 17:03

You only need to put it on for an hour a day.

But their concerns are genuine.

Cosimo · 21 Dec 2011 at 17:08

Sure, if your pipes are all inside and in Siberia they will freeze.

Guest2 · 21 Dec 2011 at 17:08

Tunney said:
You only need to put it on for an hour a day.

But their concerns are genuine.

Yeh i know they are, but we dont have a heating timer. If its on its on, it will eat through money in hours and run out.

londonbairn · 21 Dec 2011 at 17:10

Doesnt your boiler have an anti freeze mode?

Marshstyles · 21 Dec 2011 at 17:11

Tell them to cough up for some sentinel x500 if they are that concerned.

Werewolf · 21 Dec 2011 at 17:23

Marshstyles said:
Tell them to cough up for some sentinel x500 if they are that concerned.

I suspect that doesn't help with the non heating pipework in the building, being as x500 is an additive for the heating system (the letter does mention "elsewhere).

All it take is for the heating to be on for a short period a day if on a timer, or if there is a thermostat fitted (most systems have one), you simply turn it down to the lowest setting and leave it at that, as that will protect the pipework (iirc most only go down to about 5c for that reason).

Given the weather the last couple of winters in many parts of the country, it seems a reasonable request and warning for the landlord to give out - iirc it's basically the same advice that has been supplied since I was a lad for people going away on their holidays in the winter (and I'm fairly sure there was a public service infomercial that used to run on the BBC late night with the message, alongside such classics as the green cross code and the ginger cat with it's fish).

Vulcan · 21 Dec 2011 at 17:33

Tunney said:
You only need to put it on for an hour a day.

And doing this keeps the pipes greater than 0c for the remaining 23 hours?

Nodiggidy123 · 21 Dec 2011 at 18:53

unless its specifically written in your tenancy agreement ( it is in mine) then i dont think a simple letter would.

in no way am i legally qualified tho.

dont most boilers have a frost protection mode which stops the system getting so cold that the pipes freeze?

deaglecat · 21 Dec 2011 at 18:56

To answer the original question.. "would this letter stand up in court ?".

My view would be :-

1. There is no criminal offence here.
2. The landlord could issue civil proceedings if you had a contract which stated (or implied) that you need to keep the heating on. You need to have a look at what you signed.
3. The landlord could withhold your deposit and then the onus shifts to you to reclaim any monies.

Him simply sending a letter stating that he holds you liable doesn't really make you obligated to comply - unless you have previously agreed to this.

Depending on the building layout, it would be difficult to prove (in a communal accommodation) that you were wholly responsible.

Additionally where does it end ? Do you need to have the heating at a specific temperature or for a specific period (or continously !).

Finally, cold water pipes will not be helped by having the heating on because they will (by design) not be carrying hot water.

Disclaimer : Not qualified legal advice - contact a solicitor if in doubt...

Vita · 21 Dec 2011 at 19:02

Hour in morning, hour at lunch, hour at evening. Should do the trick.

kibblerok · 21 Dec 2011 at 19:02

Theres no weather forecast over the xmas period that would cause pipes to freeze.

Vonhelmet · 21 Dec 2011 at 19:57

I reckon they can do it, yeah, given that your contract almost certainly says that you are responsible for keeping the house in good condition. If you could reasonably foresee that not putting the heating on while you were away could result in the house not being in good condition, then I'd say that you are obliged to put the heating on.

Glaucus · 21 Dec 2011 at 20:01

Longbow said:
And doing this keeps the pipes greater than 0c for the remaining 23 hours?

Yes, in fact shouldn't need any heating on at all.
A modern house is stupidly unlike to hit zero degrees.

Surly the op has a thermostat, neve seen a house without one.
Just turn that to min and leave heating on, it's also certain the heating won't even fire up.

It's in most house contracts, so it's pretty normall.

Guest2 · 21 Dec 2011 at 20:01

Its been fine for the past 3 months without heating. Unless it goes to -10 or something for the 3 days i'm away then i dont think they will freeze

However, saying that, I dont want them to freeze and have to pay charges

Guest2 · 21 Dec 2011 at 20:03

Glaucus said:
Yes, in fact shouldn't need any heating on at all.
A modern house is stupidly unlike to hit zero degrees.

Surly the op has a thermostat, neve seen a house without one.
Just turn that to min and leave heating on, it's also certain the heating won't even fire up.

It's in most house contracts, so it's pretty normall.

We have a 'honeywell' thermostat on the wall, its on 0 all the time. The boiler (Vokera) is always on and is currently showing 49c

wnb · 21 Dec 2011 at 20:13

It is common sense to leave the heating on a little when you not in the house.

Guest2 · 21 Dec 2011 at 20:13

Are right. The central heating is always on then? ie, we turn our taps on and hot water comes out. We just done have the radiators on