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Boiler repair and replacement

Question

We live in Brussels in rented apartment for a bit more than 3 years.
During the last annual boiler checkup (around half a year ago) technician noticed bad state of the boiler and suggested to consider replacing it in future. We informed our landlord about it, but landlord decided not to do anything. Few days ago there was an issue with the boiler causing electricity failure (short circuit). Technician called in to fix it informed us that boiler needs to be replaced ASAP as there can be further electricity and water leak related issues.

As we are doing annual checks and boiler failures seem to be related to its age. Who should be responsible for fixing and replacing it?

I believe that's the responsibility of a landlord. Are there any common practices or legal obligations?

J

> I believe that's the responsibility of a landlord
You're right. The boiler is beyond repair => landlord needs to replace it.

May 1, 2014 16:40
Mimi

You do the service, landlord buys one when necessary. Have the technician write a report on the state of the boiler and the necessity of replacing it, and the problems it can cause if it is not replaced. Then send a copy of the report to the landlord with recorded delivery ( accuse de reception). Otherwise, if it causes damage, your landlord might decide that you were too careless and did not inform him.

May 3, 2014 01:42
Qwertz

Mini,

Thanks for the helpful reply. We did annual checkup and expenses are on us. Technician noticed bad state, but didn't put that on a report. We verbally informed landlord about these findings. Several months later there was failure with boiler, we called technician to fix it and that time he put on a report that it is highly recommended to replace the boiler.

So the question is who should pay for this second unexpected maintenance and fix?
In my opinion landlord. Otherwise if he will decide not to replace it and the boiler will keep failing why should we pay?

May 3, 2014 11:35
Mimi

I have been there. But my understanding of the tenant being responsible for maintenance is that it is not limited to regular annual service. I had a good landlord, but still I had to bring in servicemen several times before he was convinced. I think you should concentrate on how to convince the landlord rather than who pays for the second visit.

May 3, 2014 21:49
Qwertz

Just for history if someone will come across the similar situation. As per contract we sent a copy of the latest technician report with the suggestion to replace the boiler to our landlord using registered mail (so he is officially informed).
Also according to the contract it goes out that responsibility of the tenant is to operate equipment in a proper way (regular maintenance and checks), while repairs due to aging or failures happening not by tenants fault are responsibility of the landlord.

May 5, 2014 13:08
Roccohealy

According to me, instead of replacing it or sending mail to the landlord, you can get some Boiler repair NYC services from some of the experts.

Feb 20, 2015 07:59