"gifting" of white goods

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    "gifting" of white goods

    Hi there. I am a tenant and have moved into a property today. The property was listed as inclusive of all white goods, which was one of the big sale points for me. I did a clean of the property when I got the keys. I cleaned the washing machine as it was full of mould in the drawer. When I went to switch the machine on to run a cycle after cleaning, the button was stuck and when pushed it went into the casing but remained stuck. It is most definitely jammed/broken. I raised this immediately with the lettings agent and they have advised that the item (along with the fridge) was left by the previous tenants and then gifted to me as the new tenant. Whilst I can now see a clause in the tenancy agreement pertaining to this, it wasn't explained to me at the time and I feel a bit duped. The items are listed as fixtures and fittings in the inventory. The landlord is saying that the machine was working and the picture shows no issue with the button (my picture shows the button stuck after being pressed). Whilst I do not doubt he tested it would switch in, I do not believe he started the machine for a wash as he would have had the same problem with the button jamming!

    Is this right? Am I now liable for fixing thiis washing machine when the property was listed as inclusive of white goods and the issue was noted on the first day of the tenancy??

    #2
    If a property is advertised with white goods (and if not specified they are actually in the property) and they are to be "gifted" to the tenant that needs to be highlighted. I consider you are entitled to have the agreement rectified as it does not reflect your understanding of what was agreed when you signed it. Apart from that, if the items are listed in the inventory as included in the tenancy the agreement is internally inconsistent and the inconsistency must, following the contra proferentem rule, be resolved in your favour.

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