Q: Brown Water

Brown Water Q: Our building is, for the third time, suffering brown hot water from a broken glass lining in a Strebel boiler. The brown colour is particles of rust. On this occasion the brown hot water started three months ago and continues to date. I believe that our management company have mismanaged this situation and as a result seem to be more interested in blaming either the maintenance company or the boiler manufacturer. As owners we have indicated we are happy to pay for a new boiler and seek reimbursement at a later date. As owners, “do tenants have a legal right to replace or repair failing equipment, specifically a hot water boiler, in their building, if the landlord or Management Company fail to do so or are procrastinating in their responsibilities.” Before we commence such action we want to be sure we are acting legally. FPRA Committee Member Mary-Anne Bowring replies: I’m not aware of legal right for tenants to effect repairs. Most leases say that there is no right of offset, and I have stood in tribunal and they have refused to reimburse tenants who paid for things instead of paying service charges and getting the landlord to do so if your manager is at fault then I suggest Section 22 management order for a Court Appointed Manager who then has a higher duty. [Submitted February 2019]

Q: Brown Water

Brown Water Q: Our building is, for the third time, suffering brown hot water from a broken glass lining in a Strebel boiler. The brown colour is particles of rust. On this occasion the brown hot water started three months ago and continues to date. I believe that our management company have mismanaged this situation and as a result seem to be more interested in blaming either the maintenance company or the boiler manufacturer. As owners we have indicated we are happy to pay for a new boiler and seek reimbursement at a later date. As owners, “do tenants have a legal right to replace or repair failing equipment, specifically a hot water boiler, in their building, if the landlord or Management Company fail to do so or are procrastinating in their responsibilities.” Before we commence such action we want to be sure we are acting legally. FPRA Committee Member Mary-Anne Bowring replies: I’m not aware of legal right for tenants to effect repairs. Most leases say that there is no right of offset, and I have stood in tribunal and they have refused to reimburse tenants who paid for things instead of paying service charges and getting the landlord to do so if your manager is at fault then I suggest Section 22 management order for a Court Appointed Manager who then has a higher duty. [Submitted February 2019]

Question 1

Brown Water

Accepted Answer

Brown Water Q: Our building is, for the third time, suffering brown hot water from a broken glass lining in a Strebel boiler. The brown colour is particles of rust. On this occasion the brown hot water started three months ago and continues to date. I believe that our management company have mismanaged this situation and as a result seem to be more interested in blaming either the maintenance company or the boiler manufacturer. As owners we have indicated we are happy to pay for a new boiler and seek reimbursement at a later date. As owners, “do tenants have a legal right to replace or repair failing equipment, specifically a hot water boiler, in their building, if the landlord or Management Company fail to do so or are procrastinating in their responsibilities.” Before we commence such action we want to be sure we are acting legally. FPRA Committee Member Mary-Anne Bowring replies: I’m not aware of legal right for tenants to effect repairs. Most leases say that there is no right of offset, and I have stood in tribunal and they have refused to reimburse tenants who paid for things instead of paying service charges and getting the landlord to do so if your manager is at fault then I suggest Section 22 management order for a Court Appointed Manager who then has a higher duty. [Submitted February 2019]

Question 2

Brown Water

Accepted Answer

Brown Water Q: Our building is, for the third time, suffering brown hot water from a broken glass lining in a Strebel boiler. The brown colour is particles of rust. On this occasion the brown hot water started three months ago and continues to date. I believe that our management company have mismanaged this situation and as a result seem to be more interested in blaming either the maintenance company or the boiler manufacturer. As owners we have indicated we are happy to pay for a new boiler and seek reimbursement at a later date. As owners, “do tenants have a legal right to replace or repair failing equipment, specifically a hot water boiler, in their building, if the landlord or Management Company fail to do so or are procrastinating in their responsibilities.” Before we commence such action we want to be sure we are acting legally. FPRA Committee Member Mary-Anne Bowring replies: I’m not aware of legal right for tenants to effect repairs. Most leases say that there is no right of offset, and I have stood in tribunal and they have refused to reimburse tenants who paid for things instead of paying service charges and getting the landlord to do so if your manager is at fault then I suggest Section 22 management order for a Court Appointed Manager who then has a higher duty. [Submitted February 2019]

Brown Water

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