"It's on the blink. What can I do?"
- Jonathan Williams
- Jan 15, 2016
- 2 min read

It is a call that no client wants to have to make and it is one of the calls that a solicitor never likes to receive. The glow of the settlement day, the picking up of the keys, the munching of a well earned take away and trying to find the kettle have long been forgotten as you realise that the boiler is on the blink. Then you remember that there was something in the contract about the central heating system. Best call your solicitor!
If your solicitor has used the Scottish Standard Clauses as most do then the pertinent clause in terms of the 2013 schedule is clause 3. In essence, you have 5 days in which to intimate a claim. You then have to wait 5 days for the seller to organise a repair unless it is an emergency. If it is an emergency then you can have the repair carried out and claim this from the seller. If it is not an emergency then you have to wait.
What is an emergency I hear you ask? I would take the view that if you have no heating and it is the midle of winter then this is an emergency! I would always intimate the issue to the seller's solicitor before instructing any repair and state to the solicitior that we were proceeding on the basis that the repair was an emergency. Always better to get the green light from the sellers before you go about incuring costs.
But why not try and avoid this? I have to say that if you encounter a problem with the heating system it can but a dampner on the whole purchasing process and potentially scar you for further purchases. I would advise getting a qualified plumber out before you conclude missives to check over the system. Yes you will have to pay for it but the money spent now would be one of the best investments that you make in the purchasing process. Armed with a satisfactory report, this will give you comfort that when you press the red button the system will fire up and if it doesn't you still have your claim against the sellers and posibly the plumber.
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