Items left as a goodwill gesture - why?

[robp]

We have recently acquired a studio flat which will be let out in a couple of months. We intend to let this furnished, as it was a repo and came with things like bed, TV, cooker, fridge, washing machine, etc.

We've noticed that many landlords advertise their flats with the notice that "items have been left as a goodwill gesture, and will not be repaired/replaced if broken".

Why is this? Is it to stop the tennant from breaking an item so that they get a new one? Surely a cooker needs to be repaired/replaced by the landlord if it breaks?

We're thinking of adding in the contract that only the cooker, fridge and washing machine will be repaired/replaced, and that the breakage should be reported to ourselves so that we can take remedial action rather than the tennant "dumping" the item.

Does this sound reasonable/legal?

Thanks.

[LesleyAnne]

I've personally never seen this term used in an advert, but I presume its because the LL does not want the responsibility of repair or replacement when the item becomes faulty. In some cases, it could be items left by a previous tenant, which LL does not want the cost of removal/disposal, so have left for the incoming tenant to use. However, it is a legal requirement for you to PAT test all electrical items in the property every year, to ensure they are safe, so get this done before you let.

If you are intending to let furnished, you would be responsible for replacing/repairing all items you provide, unless you specifically state otherwise, or the tenant has damaged through misuse. A tenant should never dispose of any item supplied and included on the inventory, as this is the landlord's property. Faulty items beyond repair should only be disposed of with your agreement.

Incidentally, we also let a studio flat, but have always let it unfurnished, as this relieves us of the requirement to ensure the safety of any appliances and furniture in the property, and subsequent repairs or replacement. We have never had problems letting this way, in fact some tenants have preferred it as they already have their own furniture etc.

[robp]

Thanks for the reply, good advice much appreciated.

[jjlandlord]

I believe that if nothing else is specifically agreed, tenant is responsible for repairs and landlord is responsible for replacements.

[davidjohnbutton]

It is good practice to PAT test items that use electricity, but it is not a legally enforceable requirement whereas it is with gas.

[westminster]

LL has no statutory obligation to repair TVs or kitchen appliances such as a cooker, fridge or washing machine - the responsibility is whatever is contractually agreed. Thus, LLs advertising that such items are left as a 'goodwill gesture' is by way of explaining that LL is not contractually responsible for their upkeep and putting a somewhat rose-tinted slant on it.