Blowback damage/explosion risk

[Peter79]

Hi Everyone
I am not a trader, but I am currently renting small industrial unit with an old oil heater. Couple of weeks ago my landlord accessed the unit to perform annual safety check with an engineer. He did it without letting me know of any planed works on the unit, but that's legal matters so I don't want to say any more.
The heating furnace was not in use by us for over the two years, oil and power disconnected, so only person with the right know how would be able to restart it. One of my colleagues complained about strong draft from the heater, so we disconnected the metal chimney and stuck some rugs at the burner side of the heater. Right into the heater round flange to the side.
When landlord came with engineer and they restarted/fired up that heater whole industrial unit filled with smoke within less than a minute. Heating engineer dismantled the heater and they found our bag of rugs.
Landlord now claims over thousand pound of loses, as he said lot of damage to the heater was cause by the blowback? He also said that it could have caused an explosion and killed him and the engineer.
Can anyone with oil heater experience comment on that please? What could possibly got destroyed and could it really cause explosion?
Thanks
Peter

 

[Riley]

Sounds a bit like two wrongs in my eyes. They shouldn’t have let themselves in without prior notice min 24 hours I believe, but you really shouldn’t have dismantled a combustion device without prior approval by your LL or at very least allowed him the opportunity to have it decommissioned, even temporarily, by a pro. The fact that they didn’t know the rugs were there could of course have been dangerous, I’m not sure to the extent of an explosion but certainly a fire and potentially a CO risk depending on the blockage. Might have to bite the bullet on it or at least pay out for an independent second opinion

 

[Scott_D]

Sounds like the sort of thing a court would need to decide on.
Two sides to every story and you shouldn’t have been stuffing rugs inside an appliance

 

[oz-plumber]

You could also claim that you never have used the heater.

As far as you knew the heater never worked and the oil and power to it had been disconnected.

When was the last time the unit had been in operation?
How long have you rented the property for?

 

[Peter79]

You could also claim that you never have used the heater.

As far as you knew the heater never worked and the oil and power to it had been disconnected.

When was the last time the unit had been in operation?
How long have you rented the property for?

We have been there for two years, but never used oil heater as advised by the landlord. He said its disconnected and should not touch it, which was fine with us.

 

[snowhead]

Whoever was recommissioning the heater should have done a flue flow test, there could have been birds nests, squirrels etc after 2 years.

I'd lay the blame far more at the Engineer.

He may have only gone to do an Annual inspection, but once he found it disconnected (regardless of who did ) it then becomes a recommission.

What make Heater / burner is it?

 

[Peter79]

Sounds like the sort of thing a court would need to decide on.
Two sides to every story and you shouldn’t have been stuffing rugs inside an appliance

As far as we were aware this unit was not operational. Apart from that, if landlord was to follow legal procedure and told me he is coming to work on the heater, we would have advise him of blocked chimney.
Does this type of units have some sort of meter inside? Something that engineer make record of each time service is being done?

 

[Peter79]

Sounds a bit like two wrongs in my eyes. They shouldn’t have let themselves in without prior notice min 24 hours I believe, but you really shouldn’t have dismantled a combustion device without prior approval by your LL or at very least allowed him the opportunity to have it decommissioned, even temporarily, by a pro. The fact that they didn’t know the rugs were there could of course have been dangerous, I’m not sure to the extent of an explosion but certainly a fire and potentially a CO risk depending on the blockage. Might have to bite the bullet on it or at least pay out for an independent second opinion

Thanks. My take on this is exactly the same. If it was for a court to decide I believe blame would fall on both of us. I am however concern about cost or repair, especially that he's refusing to show me any invoices.

 

[Riley]

Clutching at straws a bit mate. Yes LL and his engineer should’ve done things differently but so should you by not blocking a combustion appliance

 

[Peter79]

Clutching at straws a bit mate. Yes LL and his engineer should’ve done things differently but so should you by not blocking a combustion appliance

So you say its 100% my fault?

 

[Chuck]

So you say its 100% my fault?

Clearly that's not what he said.

I'd say you need to consult a solicitor and should keep quiet until you have done so.

 

[Peter79]

One more thing.
Landlord stated in his email, that engineer came to the unit to do annual service on the heater and after he finished he fired up the unit which resulted with smoke and damage. I know little about this type of equipment, but should he not be able spot this bag hanging out from the side flange into the burner? It was not up in the chimney but right inside this metal flange to which you connect chimney pipe.

 

[SimonG]

Two sides to every story.

Ask for evidence of landlords engineers competency.

But really shouldn't have touched the heater.

Going forward, employ an oil engineer to look at the heater and confirm it's condition.

Then take legal advice.

 

[Peter79]

Two sides to every story.

Ask for evidence of landlords engineers competency.

But really shouldn't have touched the heater.

Going forward, employ an oil engineer to look at the heater and confirm it's condition.

Then take legal advice.

He refuses to show me invoices

 

[Riley]

Until you know what has been done ie invoices I don’t believe you have anything to answer

 

[Riley]

I would definitely employ an independent engineer to give you a professional input too

 

[Scott_D]

He refuses to show me invoices

So it’s been repaired?
How much is he asking from you?

 

[Peter79]

So it’s been repaired?
How much is he asking from you?

Right. So in november I exercised break lease on the property. I have cleared it mostly and landlord agreed to re-advertise. I have been paying lease up to date and got an email recently that they have found a new tenant. However I already paid for the next quarter and when asked for the overpaid rent back plus deposit unless he claims any damages, that's when all the problems started. He said that he and heating engineer went to the property couple of days after I informed him about break lease (which was illegal as he didn't inform me in advance as per our lease agreement) to service heating unit.
Furnace was blocked and blowback caused damage to some parts inside. He says he already paid 500+vat and is awaiting full report and some more parts to be replaced. Mind you it was in november and he didn't tell me a word or even asked me each time he went there without me knowing.
As he informed me about new tenant I don't have access to the property anymore.

 

[Riley]

I wouldn’t be paying a penny without proof

 

[Peter79]

I wouldn’t be paying a penny without proof

Well he refused to pay deposit back (2k) and retained overpaid lease (2k). As far as I knew he will claim any cost arising from finding another tenant, which is fine with me. I am not sure if he can retain overpaid rent towards any damages. But it's not like I have control over money I already paid as he ignores me when I ask to pay back. And when I did, he came up with heater damage that has taken place 4 months ago while I was still a tenant paying rent and he didn't informed me back then, just know.

 

[Riley]

Then you have two choices. You cut your losses and move on or you consult a solicitor and have a letter drawn up re withheld monies owing as there has been nothing official to back up your LL holding the money

 

[Chalked]

You shouldn’t have blocked the flue. But I can’t see how it would cause £1000 of damage.
There would have been a lot of soot inside to clean out and the rug might have set on fire. It could have blown a flue seal.
Sounds like your landlord is charging you the full deposit. Only way he can do this is with proper invoices. If he can’t supply the invoice and report, then you have a case.
I would ask for these, stating if he doesn’t. You will be contacting your solicitor.

 

[Peter79]

You shouldn’t have blocked the flue. But I can’t see how it would cause £1000 of damage.
There would have been a lot of soot inside to clean out and the rug might have set on fire. It could have blown a flue seal.
Sounds like your landlord is charging you the full deposit. Only way he can do this is with proper invoices. If he can’t supply the invoice and report, then you have a case.
I would ask for these, stating if he doesn’t. You will be contacting your solicitor.

Interesting. Could it cause explosion as he claims?

 

[Scott_D]

He might claim you sabotaged it

 

[Peter79]

He might claim you sabotaged it

Wouldn't he need a proof of me actually having a good reason to do it? Like disputes. I have always been good tenant, no problems ever.