Fixtures & Fittings

[SW2010]

Hi,

I was hoping for assistance with an issue my partner and I are having with our landlord.

We reported yesterday morning that the washing machine in our flat has broken, with water not draining from the drum and our clothes sat in the water. Our landlord came back and said it is our responsbility to fix, at a cost to us. Our landlord's reply is below:

"It seems clear to me that there is blockage in the pipe as pipes don't block themselves thus the problem is most likely with 'the tenants use' and that is why it is best you call a technician which will be at your own expense, to have this looked at. The washing machine is a removable white goods and NOT a fixture or fitting of the flat but provided as part of the 'furniture' - unlike the gas boiler and hob that are permanently fixed and fitted to their respective position".

It was our view that under section 24.6 of the contract that we signed, it states that it is the landlord's responsibility to "To keep in repair and proper working order all mechanical and electrical items belonging to the Landlord and forming part of the Fixtures & Fittings except that the Tenant shall pay to the Landlord the cost of any such repairs resulting from misuse by the Tenant or the Tenants visitors".

In previous tenancies landlords have resolved matters like this so I am confused why our landlord is taking the view they have.

I am also seeking advice from the CAB and local council housing service, and if necessary will seek professional legal advice, but I would really appreciate any advice people can give.

Thanks in advance,

James

[Snorkerz]

I can see both sides here. If the washing machine had suffered an electrical or mechanical failure then I would definately say it is the landlords responsibility - it is an implied condition that any equipment provided as part of the tenancy is in working order.

However, although he may not have put this very tactfully, blockages are only caused by what YOU put in the washing machine - be it hair, paper tissues in pockets, bits of blu-tac etc. That would be your responsibility.

Check the pump filter - usually at one of the bottom front corners of the machine.

[Lawcruncher]

"To keep in repair and proper working order all mechanical and electrical items belonging to the Landlord and forming part of the Fixtures & Fittings except that the Tenant shall pay to the Landlord the cost of any such repairs resulting from misuse by the Tenant or the Tenants visitors"

That is clear. It is the landlord's responsibility so long as it is not your fault. Even if it is your fault the landlord still has to do the repair and you then reimburse him.

[Sad S]

Hi,

I was hoping for assistance with an issue my partner and I are having with our landlord.

We reported yesterday morning that the washing machine in our flat has broken, with water not draining from the drum and our clothes sat in the water.

-- it seems likely that the pump has failed.

Best to get somebody in to fix it, at your convenience, but first get your landlord to agree that if it is the case that the machine has failed, then it's his responsibility to reimburse you the call-out and repair charge.

[SW2010]

Hi Snorkerz & Lawcruncher,

Thank you for your replies so far.

An additional point I would love to get thoughts on please.

Our landlord has a track record of taking time to remedy minor issues, stating that work is carried out during quarterly reviews. For instance a mirror installed by the landlord pulled it's hook from the wall and destroyed a set of crystal glasses given at my partners 21st 8 years ago. That happened at the end of January (4 weeks into the tenancy); quarterly review should have occured end of March but took place early May. It has subsequently come down again last week and destroyed glass candle holders and the landlord has stated that the work won't be completed until September 'sometime'. A quarterly review should have taken place in July.

Is it acceptable to have to wait 4-8 weeks to get what is a 5 minute job completed? The landlord is clear that only their 'contractor' can complete repair work but on the previous occasion her contractor turned out to be her partner - who lives 2 flats below. To our knowledge he is not a professional contractor, instead he works in IT. Do we have any recourse for the damages occured to our items? Can we push for the repairs to take place sooner?

Our landlord honestly gives the impression that she does not want to have to do anything with our flat and unfortunately we are tied into the contract until December.

Thanks again,

James

[Mrs Mug]

Do we have any recourse for the damages occured to our items?

You would claim for these on your own contents insurance.

Can we push for the repairs to take place sooner?

There is a procedure for tenants wanting to carry out repairs. It must be followed precisely. The link below is from Shelter.

http://england.shelter.org.uk/get_ad..._doing_repairs