Is landlord responsible to fix embedded kitchen appliances?

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    Is landlord responsible to fix embedded kitchen appliances?

    Hi all,

    I’m a tenant that moved into a new build in London that comes with an embedded (in built) oven, microwave, fridge and wine cooler. After I signed the contract and moved in, I realised that the wine cooler is not working. The letting agent did not inform me about this before I moved in else it would have been part of my offer to have that fixed.

    The letting agent had asked the landlord to replace it, but because of its high cost (£2000), I think the landlord is not willing to do so.

    what are my legal rights here? Or what other levers can I pull to get this fixed?

    by the way the letting agent knew about this before, and I think intentionally did not inform me. How do I know? When i mentioned the issue, they said that they already had a quote on hand to replace it.

    Thanks!

    #2
    Wine Cooler?!

    Is there no room in the fridge?
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

    Comment


      #3
      Hah, it’s a small fridge plus we like to have a variety ready at any given time

      also, that’s not the point…it’s principal!

      Comment


        #4
        You say it's a 'newbuild'. Are you sure it's wired in?
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

        Comment


          #5
          Yes, it’s a relatively new. About 3 years old.

          Comment


            #6
            Originally posted by K_zone View Post
            Yes, it’s a relatively new. About 3 years old.
            Are there any lights to indicate it's powered up? If not, maybe take the plinth off, and see if a plug needs inserting somewhere.
            To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

            Comment


              #7
              The landlord is expected to repair or replace it if it's on the inventory. You can kick up a fuss but you do need to consider whether you feel it's worth potentially moving out over. Don't cut your nose off to spite your face.

              I suppose you should at least put your request in writing (if you haven't already done so) & get a written response. An email would be ideal. Be polite & see what happens.

              Comment


                #8
                In my opinion if it is fitted, in a similar way as an integrated dishwasher would be, then yes it should be fixed, as an aside i cannot understand why a LL would have one even in the property, i have some white goods but a wine chiller !!!! Why not fit one of those Miele in built coffee machines as well ......they are just below £3,000, it is an extravagance that i would expect only to see in very top end places in London and the like, but they would have the required rent to go with it........ i note you are in London...... does this apply to your place ?

                Comment


                  #9
                  if its in a new build , then surely a 2000 pound wine cooler must be repairable ???

                  Comment


                    #10
                    Builder's/developers responsibility obviously but your landlord needs to make the claim.

                    Comment


                      #11
                      If the item is a fixture or fitting (don't look at me for help with the difference) it's part of the property and the landlord may be liable for the repair.
                      However the actual legal position doesn't really help - what the landlord is legally required to maintain is listed in s11 of the Landlord and Tenant Act 1985 and good luck getting a wine cooler into that scope.
                      There are general provisions about properties being safe, but again, lack of a working wine fridge isn't a safety issue.

                      Your remedy is probably under the Consumer Rights Act 2015 (and I'd make this point to the agent - and not any of the stuff that follows the first point.
                      This is a consumer contract, unless you are a company specialising in renting properties in some way.
                      And in "(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.
                      (2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—
                      (a)any description of the goods,
                      (b)the price or other consideration for the goods (if relevant), and
                      (c)all the other relevant circumstances (see subsection[/QUOTE]And given that there was no indication that the wine fridge was not working, it was part of what was on offer and should at least work as a wine fridge.

                      The problem is that it's impossible to tell if, in a rental contract for a property, the supply of a fridge is actually a supply of "goods" because you never actually own the fridge - so it could be argued that there's no actual "supply" and that the provision of the fridge is actually a service or part of a service.
                      But let's not go there right now, other than you should make the point that if someone had told you that the fridge was broken you would, as you say, either insisted on it being fixed or declined to proceed.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        Originally posted by K_zone View Post
                        also, that’s not the point…it’s principal!
                        Actually it's principle.
                        There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

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