Bought a new house and the boiler Is broken, what should I do?

What can I do to check that the boiler in my new home is in good condition?

A brand new home with a faulty or broken boiler is not a good mix. An issue with your new property’s central heating could leave you cold and even more out of pocket than you are after purchasing your new home.

Here are a few precautions you can take to ensure that your new property’s boiler system is intact:

1. Get a Gas Safe registered engineer to conduct a full service on the heating system

During a boiler service, an engineer will perform a series of checks on your heating system to ensure that it is in an acceptable condition. This provides an opportunity for any issues to be highlighted.

If any issues are found at this point, you could request that the seller replaces or repairs the boiler or reduces the cost of the home for you to proceed with the sale. If the seller offers a boiler replacement or repair, make sure that you get the paperwork to prove this work has been completed.

2. Ensure that any claims from the seller regarding the boiler’s condition are in writing

Getting verbal confirmation from the seller that the boiler is in good condition may not be enough to uphold any claims against them in the future. Having physical evidence confirming that you were told that the heating system was in working order could help you with your claim. You should also enquire about the boilers age.

3. Ensure that any claims from the seller regarding the boiler’s condition are in writing

Getting verbal confirmation from the seller that the boiler is in good condition may not be enough to uphold any claims against them in the future. Having physical evidence confirming that you were told that the heating system was in working order could help you with your claim. You should also enquire about the boilers age.

The laws behind new homes and central heating

In the Law Society Property Information Form, there is a section (section 12.3) which relates to the central heating system of the new property. In this, the seller will have to say when the boiler was installed. They will also have to say when the boiler was last serviced or note the date of the last maintenance check. Your solicitor should also request that the seller includes a copy of the inspection report.

If the solicitor does not request a copy of the inspection report, you are well within your rights as the buyer to request this information for yourself. If the seller cannot offer this information, you can request further information such as who completed the servicing so that you have as much information as possible.

The seller does not have to tell you that the boiler is ‘temperamental’. However, you may be able to infer this based on the information given in the Law Society Property Information Form. For example, the average lifespan of a boiler is around 10 to 15 years. If the boiler in the property is at this age or older, then you can infer that the boiler may not be the most efficient and will have an increased risk of malfunction. You can begin to think about getting a new boiler installed.

Top Tip: It is important to realise that your solicitor may not send you information as soon as they receive it. You may only see certain documents before you sign the contract, by which point you may already have moving plans that you do not want to delay. As a result, it is best to request any information as early as possible from your solicitor to reduce hassle further on in the process.

What can I do if I’ve already purchased the property?

Unfortunately, you may end up having to pay for the boiler repair or replacement if you’ve already bought the home and have no evidence that you were misled or misinformed by the seller. It is usually assumed that it is the buyer’s responsibility to ensure that all the relevant checks and surveys are carried out.

This is because property sales adopt a principle known as “caveat emptor.” Essentially this means “buyer beware.” The seller does not have to disclose any defects, issues or concerns about the property. Instead, it is up to the buyer to make the necessary enquiries. You could use BOXT’s free online quote tool to find out how much a new boiler installation could cost.

However, if the seller misinformed you and you have proof of this, this could be deemed as a breach of contract and could make them liable. You should seek legal advice if you want to proceed with a claim.

Book a boiler service

One of HomeServe’s Gas safe registered engineers could conduct a thorough and professional service on the heating system in your new home. This will help to ensure that everything is in working order and will give you a better idea of the condition that the boiler is in.

Book a boiler service