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TDS Resolution Case Study: A Broken Boiler

TDS Resolution was approached by a tenant to seek assistance in resolving an issue with a broken boiler during their tenancy.


The dispute

 

The tenant initially informed the landlord about concerns regarding the lack of hot water and heating. They had been without access to hot water or heating for the past 6 weeks during November and December.

 

The tenant had given the landlord a reasonable period of time to respond to their concerns, fix the issue with the boiler, or come up with a proposal to put the issue right. The landlord had been poor at communicating and the boiler remained broken.

 

The tenant raised a complaint by filling out our enquiry form via the TDS Resolution website.

 

One of our case handlers made contact with the tenant to discuss the issue in more detail and as the complaint met the criteria the case was accepted.

 

The case handler reached out to the landlord to discuss the tenant's complaint, the landlord explained that they have had issues with the company whom they purchased the boiler from. The boiler was under warranty but the company was very difficult to reach.

 

The landlord agreed to participate in mediation with the tenant. Availability for mediation was sent to both parties, once a convenient time and date had been agreed the mediation sessions were booked to take place over Microsoft Teams.

 

The mediation session

 

The session took around two hours. Both parties were keen to resolve the dispute in good faith. The mediator acted as a facilitator, ensuring the discussion stayed on track and focused.

 

Held via Microsoft Teams, the session was a three-way video call where each party presented their case and outlined their desired outcomes.

 

The tenant requested that the boiler be repaired or replaced within two to three weeks. She mentioned to the landlord that she had not reported the issue to environmental health, preferring to attempt mediation first, and noted that aside from the boiler problem, she had experienced no other issues during her 18-month tenancy.

 

The landlord explained that he faced difficulties with the company from which he had purchased the boiler, which was less than three years old. He acknowledged that these issues were not the tenant’s responsibility. Despite the poor aftercare service, he couldn’t use another engineer without invalidating the warranty.

 

The landlord had before the session managed to escalate his complaint with the warranty company and an engineer could come out to the property early next week.

 

The compromise agreement

 

After discussions, the parties came to a compromise.

 

  • An apology was made to the tenant for the lack of communication from the landlord and that they had not had access to consistent hot water and heating during the winter months.

 

  • On receipt of the landlord's apology, the tenant agreed that if the boiler was fixed within the agreed timeframe then she would not pursue the matter any further.

 

  • The landlord was able to confirm that the boiler repair engineer was able to visit the property the following week.

 

  • The tenant agreed and as the tenants worked from home they were happy for the engineer to come out at the earliest available date.

 

  • The parties agreed to the compromise resulting in a successful mediation and a mutual understanding.

 

Are you experiencing a mid-tenancy dispute?

 

We’re here to help.


TDS Resolution is a free, impartial property mediation service dealing with mid-tenancy disputes, including issues like the broken fridge freezer in this case study. To find out more, visit our webpage and request a call-back. Our friendly team will contact you for a confidential chat.


Interested in finding out more about TDS? Join today or contact our switch team to see how easy it is to switch!

 

About TDS Group

 

TDS Group is the leading tenancy deposit protection and resolution service provider in the UK making life easier for tens of thousands of agents, landlords, developers, and millions of tenants and homebuyers. TDS is backed by Propertymark, Royal institute of Chartered Surveyors (RICS) and the National Residential Landlords Association (NRLA). Through our charitable foundations we are working to improve standards in the Private Rented Sector. TDS is a not-for-profit company with offices in Hemel Hempstead, Glasgow, and Belfast.


For more information visit www.tdsgroup.uk

 

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