Oil Central Heating - Oil Theft - who pays, landlord or tenant?

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minitoka	Friday 25 November 2011 5:28:14 pm i have put 500 litres of oil in my tank. My house is on a busy-ish rural road, the tank is next to the road. If the oil is stolen, who pays?? I don't think i should have to pay. I have no option but to heat the property as part of my tenancy agreement. The oil tank is the only recepticle available. I put the oil in the tank in good faith. I have no other options. Why should I have to pay if the oil is stolen. Why not the landlord. Its their tank. Its their responsibility to make it theft-proof. A complex one, methinks.....Can anyone help? jane
ben	Friday 02 December 2011 1:07:35 am Hi Jane! I am sorry to hear that this has happened to you! I not sure if I can give you a 100% correct answer but more of a logical opinion on your situation. Firstly, I would suggest that if you have not already reported this to the police you do immediately and get a crime reference number, which you will need for any insurance claim whether it’s you or your landlord that makes the claim. By doing this the landlord then has no way to try and charge you for the replacement at the end of your stay. The oil tank is an object on the landlord’s property that belongs to the landlord. I would expect that this is covered by the landlord’s insurance (if he has suitable landlord’s insurance that is!) and it is he that should claim for the loss of the oil tank. I also think that if this is the only way you can heat your property the landlord has a responsibility to make sure there is a replacement oil tank provided immediately, or your landlord provides another form of heating to you, or provides other accommodation until either of the above is sourced. Your landlord does have an obligation to make sure the basis services are available to his tenant, and obviously, being able to heat your home is one of them. Regarding the stolen oil. I would suggest that your landlord is not responsible for replacing or compensating you in anyway for the stolen oil as it doesn't belong to him. The oil was bought by you, and therefore belongs to you. Consequently, it is in your interest that, if needed you have insurance to cover any loss, or theft. Regarding your point about the landlord making the tank theft proof, whilst almost nothing is 100% theft proof I understand that you may have some case against your landlord if he failed to maintain how secure the tank was. If your landlord was negligent with this you might have some grounds for a claim. To do this I would expect that you would need a photograph of the oil tank to show that it was poorly maintained. I hope my opinion was of some use……. Like I said its just my thoughts…..why don’t you phone an insurance company up an put the situation to them…. If you do this don’t forget policy terms can be different. Oh, nearly forgot, if you do have a photo post it on the tenants tips facebook page – I would like to have a look. Let me know what happens! All the best! Ben

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minitoka

Friday 25 November 2011 5:28:14 pm

i have put 500 litres of oil in my tank. My house is on a busy-ish rural road, the tank is next to the road. If the oil is stolen, who pays??

I don't think i should have to pay. I have no option but to heat the property as part of my tenancy agreement. The oil tank is the only recepticle available. I put the oil in the tank in good faith. I have no other options. Why should I have to pay if the oil is stolen. Why not the landlord. Its their tank. Its their responsibility to make it theft-proof.

A complex one, methinks.....Can anyone help?

jane

ben

Friday 02 December 2011 1:07:35 am

Hi Jane!

I am sorry to hear that this has happened to you!

I not sure if I can give you a 100% correct answer but more of a logical opinion on your situation.

Firstly, I would suggest that if you have not already reported this to the police you do immediately and get a crime reference number, which you will need for any insurance claim whether it’s you or your landlord that makes the claim. By doing this the landlord then has no way to try and charge you for the replacement at the end of your stay.

The oil tank is an object on the landlord’s property that belongs to the landlord. I would expect that this is covered by the landlord’s insurance (if he has suitable landlord’s insurance that is!) and it is he that should claim for the loss of the oil tank.

I also think that if this is the only way you can heat your property the landlord has a responsibility to make sure there is a replacement oil tank provided immediately, or your landlord provides another form of heating to you, or provides other accommodation until either of the above is sourced. Your landlord does have an obligation to make sure the basis services are available to his tenant, and obviously, being able to heat your home is one of them.

Regarding the stolen oil.

I would suggest that your landlord is not responsible for replacing or compensating you in anyway for the stolen oil as it doesn't belong to him. The oil was bought by you, and therefore belongs to you. Consequently, it is in your interest that, if needed you have insurance to cover any loss, or theft.

Regarding your point about the landlord making the tank theft proof, whilst almost nothing is 100% theft proof I understand that you may have some case against your landlord if he failed to maintain how secure the tank was. If your landlord was negligent with this you might have some grounds for a claim. To do this I would expect that you would need a photograph of the oil tank to show that it was poorly maintained.

I hope my opinion was of some use……. Like I said its just my thoughts…..why don’t you phone an insurance company up an put the situation to them…. If you do this don’t forget policy terms can be different. Oh, nearly forgot, if you do have a photo post it on the tenants tips facebook page – I would like to have a look.

Let me know what happens! All the best! Ben