Landlord has not repaired washing-machine

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    Landlord has not repaired washing-machine

    How do people,

    basic story goes that back in May my washing machine went pop and flooded part of the flat. The washing machine is in a tight cupboard and when it was installed it mustve literally been put in the cupboard and had the wall and door built afterwards!! Anyways, the landlord has arranged for around 4 differnt plumbers to come out since then and although they all say its a common fault they cant get to the back of it due to this space (or lack of!) and neither can it be lifted out so as such wont touch it. Ive been emailing and texting the landlord and he has since cut all contact and i havent heard anything in a month and a half now....

    I'm thinking of witholding rent until he gets in touch, whats your thoughts??

    Thanks in advance for any replies

    Mark

    Just to confirm by the way, the washing machine came as part of the flat so is owned and should be maintained by the landlord.

    #2
    Originally posted by mooperman View Post
    How do people,

    basic story goes that back in May my washing machine went pop and flooded part of the flat. The washing machine is in a tight cupboard and when it was installed it mustve literally been put in the cupboard and had the wall and door built afterwards!! Anyways, the landlord has arranged for around 4 differnt plumbers to come out since then and although they all say its a common fault they cant get to the back of it due to this space (or lack of!) and neither can it be lifted out so as such wont touch it. Ive been emailing and texting the landlord and he has since cut all contact and i havent heard anything in a month and a half now....

    I'm thinking of witholding rent until he gets in touch, whats your thoughts??

    Thanks in advance for any replies

    Mark

    Just to confirm by the way, the washing machine came as part of the flat so is owned and should be maintained by the landlord.
    The boxing-in of the washer sounds like a really mad idea.

    Yes I think you can withold rent (but put it in separate account and don't spend it), then get three quotes from plumbers less feeble than the ones who've been round already. Inform landlord in writing that unless you hear from him within 48 hours, you will engage cheapest plumbing co. to do the work including (if necessary) removing part of wall or whatever to get at machine. If machine is beyond repair or uneconomic to fix (perhaps more than £150, as new machine would only be £200), tell LL you expect him to provide a replacement within a further 7 days as you have waited an unreasonably long time already.

    If he doesn't, then source a similar model and get it delivered and plumbed in.

    Anyone disagree?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      that all sounds good, i might tell him my intentions 2 weeks before rent is due and thus, with any luck, not have to withold it.. (i like my rent paid and done ON time to keep life hassle free!).....

      Comment


        #4
        well the plumber who repaired my shower has been in touch saying the landlord hasnt paid him yet and he wants to come and rip out the shower...

        ive told him that i will pay him out of next months rent and have let the landlord know this (although he's still ignoring me!).... i wish i could say this was my 1 bad experience with a dodgy landlord but the my last 3 now have been atrocious and judging by some of the posts on here a lot of you look for the easiest ways to cut corners, talk about seeing it as quick money maker...

        Comment


          #5
          Originally posted by mooperman View Post
          well the plumber who repaired my shower has been in touch saying the landlord hasnt paid him yet and he wants to come and rip out the shower...

          ive told him that i will pay him out of next months rent and have let the landlord know this (although he's still ignoring me!).... i wish i could say this was my 1 bad experience with a dodgy landlord but the my last 3 now have been atrocious and judging by some of the posts on here a lot of you look for the easiest ways to cut corners, talk about seeing it as quick money maker...

          Sorry to hear about the plumber. You seem to have had a run of bad luck/bad landlords, but please believe me that we are not all like that!

          As long as you have let your LL know in writing what you propose to do about the shower repair, you are within your rights to do it.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            Originally posted by mooperman View Post
            How do people,

            basic story goes that back in May my washing machine went pop and flooded part of the flat. The washing machine is in a tight cupboard and when it was installed it mustve literally been put in the cupboard and had the wall and door built afterwards!! Anyways, the landlord has arranged for around 4 differnt plumbers to come out since then and although they all say its a common fault they cant get to the back of it due to this space (or lack of!) and neither can it be lifted out so as such wont touch it. Ive been emailing and texting the landlord and he has since cut all contact and i havent heard anything in a month and a half now....

            I'm thinking of witholding rent until he gets in touch, whats your thoughts??

            Thanks in advance for any replies

            Mark

            Just to confirm by the way, the washing machine came as part of the flat so is owned and should be maintained by the landlord.
            Strictly speaking, I don't think the LL is obliged to maintain anything that isn't required by the LTA 1985, which doesn't include washing machines and other appliances and I don't think it is reasonable to withhold rent in these circumstances.

            However, I think you can justifiably use a laundrette and deduct the costs of this from the rent, proivided you give notice to the LL that this is what you are going to do.
            I think such a stategy will focus the LL's mind to repair or replace the washing machine fairly sharpish.

            Comment


              #7
              thanks Mr Gap, i know your right but i'm just venting cos the situation is starting to nark me off and its a Monday..

              thanks TenantsluvMe, have just redrafted my letter to say that and as such will be posting off tomorrow recorded.

              cheers again.

              Comment


                #8
                Originally posted by TenantsLuvMe View Post
                Strictly speaking, I don't think the LL is obliged to maintain anything that isn't required by the LTA 1985, which doesn't include washing machines and other appliances and I don't think it is reasonable to withhold rent in these circumstances.

                However, I think you can justifiably use a laundrette and deduct the costs of this from the rent, proivided you give notice to the LL that this is what you are going to do.
                .
                Given that you have argued that the LL is not legally obliged to maintain any appliances which are not covered by s.11 LTA 1985, on what basis then, is the T entitled to deduct the costs (of laundry etc) which arise out of the failure of these appliances?

                If (as you say) there is no obligation,* then it follows that there is also no liability.


                * I think there is an obligation, although it does not arise out of s.11
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                I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

                Comment


                  #9
                  Originally posted by agent46 View Post
                  I think there is an obligation, although it does not arise out of s.11
                  So how then does it arise?
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
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                  Comment


                    #10
                    surely the landlord has some liability as he cant advertise a flat with washing machine and then not do anything about it when it breaks down......

                    Comment


                      #11
                      Originally posted by jeffrey View Post
                      So how then does it arise?
                      The LL lets his property "complete with all fixtures, fittings, furniture and effects". As such, more or less in the manner of a bare contractual hiring (ie: like renting a TV from Radio Rentals), the tenant is entitled to use and enjoyment of those FFF&Es for the duration of the tenancy.

                      Alternatively, if that analysis is not accepted, then in the absence of a term governing the issue the court will:

                      (a) Look to established custom and practice in the lettings industry. IME, almost all LLs and LAs impliedly accept responsibility for applicances/furniture etc.

                      (b) Attempt to give business efficacy to the contract.

                      For any or all of those reasons, I believe the LL is obliged to keep the appliances/furniture etc in repair.
                      Health Warning


                      I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                      All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

                      Comment


                        #12
                        Originally posted by agent46 View Post
                        Given that you have argued that the LL is not legally obliged to maintain any appliances which are not covered by s.11 LTA 1985, on what basis then, is the T entitled to deduct the costs (of laundry etc) which arise out of the failure of these appliances?

                        If (as you say) there is no obligation,* then it follows that there is also no liability.


                        * I think there is an obligation, although it does not arise out of s.11
                        The appliance was present when the tenant viewed the property or moved in and so they could have reasonably assumed that this facility was in working order and for them to use and therefore, the tenant made their choice to take this property based on what they saw in front of them, amongst other things.

                        We must assume that the machine was in working order prior to the tenant moving in, as there seems little purpose in a LL providing a non-functioning facility in a property (apart from a desire to deceive), so the tenant could reasonably assume that the machine was in working order when the property was viewed.

                        Since the tenant moved in, the machine has failed and so the tenant being deprived of a facility that came with the property could, in my non-lawyer viewpoint, be resonably expected to compensate for this loss of use by the method I describe.

                        Comment


                          #13
                          Originally posted by mooperman View Post
                          surely the landlord has some liability as he cant advertise a flat with washing machine and then not do anything about it when it breaks down......
                          Was the property actually advertised with a washing machine as part of the wording?

                          Comment


                            #14
                            Originally posted by TenantsLuvMe View Post
                            Strictly speaking, I don't think the LL is obliged to maintain anything that isn't required by the LTA 1985, which doesn't include washing machines and other appliances .
                            Then....

                            Originally posted by TenantsLuvMe View Post
                            Since the tenant moved in, the machine has failed and so the tenant being deprived of a facility that came with the property could, in my non-lawyer viewpoint, be resonably expected to compensate for this loss of use by the method I describe.
                            So are you now saying that the LL is obliged?

                            You can't have it both ways. Either they're obliged or they're not.
                            Health Warning


                            I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

                            All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

                            Comment


                              #15
                              Originally posted by TenantsLuvMe View Post
                              Was the property actually advertised with a washing machine as part of the wording?
                              "New Modern Apartment complete with Fully Fitted Kitchen, fridge freezer and Washing Machine....etc etc"

                              it was working fine up until a while ago...

                              Comment

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