Inventory Error

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    Inventory Error

    When my last tenant left the property she left a fairly new washing machine plumbed in. I left the washing machine plumbed in for the next tenant to use although the property is advertised as unfurnished. The tenant has just reported the machine has broken down is the tenant or Landlord liable for repairs?

    #2
    What does it say about electrical appliances in the tenancy agreement?

    Comment


      #3
      Westminster's question is a good point. Many people believe that if the LL provides a washing machine and other white goods then they are automatically liable for the service of those goods. My understanding is that if an AST specifically mentions that T is responsible for service and repair, then that's OK. If there's no mention in the AST, then I think it's down to the LL - but I might be wrong on that last point.

      Comment


        #4
        Originally posted by GillsMan View Post
        Westminster's question is a good point. Many people believe that if the LL provides a washing machine and other white goods then they are automatically liable for the service of those goods. My understanding is that if an AST specifically mentions that T is responsible for service and repair, then that's OK. If there's no mention in the AST, then I think it's down to the LL - but I might be wrong on that last point.
        You are correct. Here's s.11(1) of LTA 1985, with my underlining:

        11. Repairing obligations in short leases.
        (1) In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor:
        (a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
        (b) to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
        (c) to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          One aspect I am unclear about is if the inventory states "washing machine in working order", does this carry with it a responsibility for the landlord to repair it, if it is not specified in the tenancy agreement who is responsible for repair of electrical appliances?

          Comment


            #6
            Originally posted by westminster View Post
            One aspect I am unclear about is if the inventory states "washing machine in working order", does this carry with it a responsibility for the landlord to repair it, if it is not specified in the tenancy agreement who is responsible for repair of electrical appliances?
            I think it is probably no more than a warranty that at the start of the tenancy the washing machine was in working order.

            Comment


              #7
              Thank you for your reply. This is what the agreement states

              To keep in repair and proper working order all mechanical and electrical items including all washing machines, dishwashers and other similar mechanical or electrical appliances belonging to the Landlord as are included in the Check-In Inventory provided that this Agreement shall not be construed as requiring the Landlord to carry out any works for which the tenant is liable by virtue of his duty to use the premises and the equipment and effects in a tenant-like manner

              The washing machine was included on the inventory

              Comment


                #8
                Originally posted by westminster View Post
                One aspect I am unclear about is if the inventory states "washing machine in working order", does this carry with it a responsibility for the landlord to repair it, if it is not specified in the tenancy agreement who is responsible for repair of electrical appliances?
                Originally posted by Lawcruncher View Post
                I think it is probably no more than a warranty that at the start of the tenancy the washing machine was in working order.
                This uncertainty is why stating 'in working order' is not a good idea, unless followed by 'as at the date of this Agreement'.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  Originally posted by dollyd View Post
                  Thank you for your reply. This is what the agreement states

                  To keep in repair and proper working order all mechanical and electrical items including all washing machines, dishwashers and other similar mechanical or electrical appliances belonging to the Landlord as are included in the Check-In Inventory provided that this Agreement shall not be construed as requiring the Landlord to carry out any works for which the tenant is liable by virtue of his duty to use the premises and the equipment and effects in a tenant-like manner

                  The washing machine was included on the inventory
                  Is this under LANDLORD'S or TENANT'S obligations?

                  Comment


                    #10
                    It is under the section The Landlord agrees with the tenant as follows

                    Am I right in thinking that it is the Landlords obligation to repair.
                    providing the tenant doesn't misuse the machine for example overloading the machine etc. I don't like to open a can of worms on this one but the property is occupied by two young men!

                    Comment


                      #11
                      Originally posted by dollyd View Post
                      It is under the section The Landlord agrees with the tenant as follows

                      Am I right in thinking that it is the Landlords obligation to repair.
                      providing the tenant doesn't misuse the machine for example overloading the machine etc.
                      Yes, exactly that.

                      I don't like to open a can of worms on this one but the property is occupied by two young men!
                      It will hopefully be clear when the repair is done as to whether it was caused by misuse or not. Make sure you brief the repair person to check for signs of misuse, and ask them to include any relevant info on the invoice, so that if it is the tenants' fault, you have evidence to show them why they have to pay for it.

                      Comment


                        #12
                        Can anybody clarify, below is an extract from my AST in which the Landlord is

                        "To keep in repair and proper working order all mechanical and electrical items including all washing machines, dishwashers and other similar mechanical or electrical appliances belonging to the Landlord as are included in the Check-In Inventory provided that this Agreement shall not be construed as requiring the Landlord to carry out any works for which the tenant is liable by virtue of his duty to use the premises and the equipment and effects in a tenant-like manner"

                        The Washing Machine has now been reported as unrepairable and needs replacing. This clause mentions repairing but not replacing, could this be a loophole in the clause or just my wishful thinking?

                        Comment


                          #13
                          So far as concerns the washing-machine, L's obligation is limited to the keeping in working order of the original appliance in situ at the time of the Inventory. It therefore does not cover any need to replace it nor to the keeping in good working order of any replacement.

                          However, L might be liable to T for failing to keep original appliance in working order- even were that to be impossible!
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment


                            #14
                            Diverting the subject slightly. I would question any inventory that mentioned an appliance in working order. How would you know the machine worked fully without running it through a cycle? If the inventory clerk assumed it works what ells have they assumed?

                            Comment


                              #15
                              Originally posted by Blue View Post
                              Diverting the subject slightly. I would question any inventory that mentioned an appliance in working order. How would you know the machine worked fully without running it through a cycle? If the inventory clerk assumed it works what ells have they assumed?
                              Are they going to run the dishwasher through the cycle too, is that on 50 or 65 degrees, how did they know it got up to temperature?

                              How about the boiler, the microwave, tumble dryer, thermostats, and a million other landlord appliances. It's unreasonable to check every single item for a full cycle, it would take several days and a lot of experience.

                              Comment

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