Landlords obligation to fix or replace non-essential appliances?

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    Landlords obligation to fix or replace non-essential appliances?

    Is the Landlord obliged to replace or fix "non essential" appliances that come with a flat if they malfunction? (such as a kettle/Television/hoover etc.)

    #2
    The simple and short answer is yes.
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

    Comment


      #3
      If such equipment was available in the flat when the tenant first viewed it and agreed to accept his tenancy, he will have been of the reasonable impression that his rental payment included the rental of such items. This is unless he was explicitly informend that this was not the case before he signed his AST. Thus he is entitled to have the faulty equipment repaired or replaced.

      P.P.
      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

      Comment


        #4
        And as a point of note, it is a bad idea to provide a TV, as this makes the landlord legally liable for the TV licence.
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

        Comment


          #5
          Originally posted by P.Pilcher View Post
          If such equipment was available in the flat when the tenant first viewed it and agreed to accept his tenancy, he will have been of the reasonable impression that his rental payment included the rental of such items. This is unless he was explicitly informend that this was not the case before he signed his AST. Thus he is entitled to have the faulty equipment repaired or replaced.

          P.P.


          Define explicitly informed before he signed the AST! I assume a clause in the tenancy agreementwould count. Say like this written under landlords obligations:

          "To keep in repair and proper working order the installations in the Property for the supply of water gas and electricity and for sanitation (including basins sinks baths and sanitary conveniences but not any other fixtures fittings or appliances for making use of the supply of water gas or electricity) and for space heating or heating water."

          After all kettle/Television/hoover are appliances for making use of the supply of electricity! And you are supposed to read the AST before signing!
          ~~~~~

          Comment


            #6
            Ruth Less I am wondering if the clause you quoted could be regarded as an unfair clause.

            I've always worked on the basis that the furnishings and fittings of the property that I provide are, unless specifically stated otherwise, are my responsibility.

            For example a washing machine and dishwasher could well enhance the rental value over and above that of a property with only basic furnishings. In any case the landlord cannot escape responsibility for the safety of such equipment and so logically the landlord must be responsible for maintenance, To do otherwise could encourage unsafe repairs by one tenant causing a risk to themselves or future tenants.
            Vic - wicked landlord
            Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
            Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

            Comment


              #7
              Originally posted by Worldlife View Post
              Ruth Less I am wondering if the clause you quoted could be regarded as an unfair clause.
              I was wondering the same until last Wednesday.

              Originally posted by Worldlife View Post
              I've always worked on the basis that the furnishings and fittings of the property that I provide are, unless specifically stated otherwise, are my responsibility.
              Again we need to be clear what specifically stated means, do you mean it includes being written in the tenancy agreement?

              Originally posted by Worldlife View Post
              For example a washing machine and dishwasher could well enhance the rental value over and above that of a property with only basic furnishings.
              Speaking as a tenant I can assure you it does, I would consider exactly these issues when assessing the rent I would be prepared to pay.

              Originally posted by Worldlife View Post
              In any case the landlord cannot escape responsibility for the safety of such equipment and so logically the landlord must be responsible for maintenance, To do otherwise could encourage unsafe repairs by one tenant causing a risk to themselves or future tenants.
              Again this makes sense and common sense. Furthermore what tenant would take on repairs of appliances that they have just glanced at on a viewing where the tenant has no way of knowing the condition the appliances are in?

              But in dealing with the law, letting agents and ARLA we can safely discard common sense. The term I quote is one of ARLA's standard terms and the cause of my walking away not only from a very nice property with a sea view and all mod-cons (cons heh, aptly named) but also from all properties of a particular ARLA registered agent.

              Hopefully offenderuk doesn't have a standard ARLA contract!
              ~~~~~

              Comment


                #8
                Originally posted by Ruth Less View Post
                Define explicitly informed before he signed the AST! I assume a clause in the tenancy agreementwould count. Say like this written under landlords obligations:

                "To keep in repair and proper working order the installations in the Property for the supply of water gas and electricity and for sanitation (including basins sinks baths and sanitary conveniences but not any other fixtures fittings or appliances for making use of the supply of water gas or electricity) and for space heating or heating water."

                After all kettle/Television/hoover are appliances for making use of the supply of electricity! And you are supposed to read the AST before signing!
                I would disagree with your definition of "appliances for making use of the supply of water gas or electricity". A washing machine's MAIN purpose is to wash clothes. Yes, it uses water and electricity to do so but that is incidental to the main point of the machine, which is to clean clothes.

                And by "explicitly stated" I would take that to mean something that's included on an inventory.

                And if you don't like a particular clause in an agreement you can negotiate to see if you can get it removed or modified.

                As for avoiding a specific letting agent, I think this is the right tack to take if you, as a tenant, don't like the way an agent operates. You may well find that the landlord of a property will have it on with several agencies so you could still get the same house just through a different agent.

                Comment


                  #9
                  Originally posted by Surrey View Post
                  I would disagree with your definition of "appliances for making use of the supply of water gas or electricity". A washing machine's MAIN purpose is to wash clothes. Yes, it uses water and electricity to do so but that is incidental to the main point of the machine, which is to clean clothes.
                  I took advice from ARLA on this by phoning them last week.

                  The lady from ARLA confirmed this clause means that the landlord does not have to repair appliances like the washing machine if they were to just stop working due to no fault of the tenant. She said that this clause is in the standard ARLA contract and has been passed by the Office of Fair Trading. She said there is no legislation covering white goods and the landlord can contract out of having to repair them by putting such a clause in the tenancy agreement.

                  If you have any evidence to contradict this then I'm all ears. Thanks.
                  ~~~~~

                  Comment


                    #10
                    What ARLA say could be quite a step from what the law says. At the very least, I think any such clause would have to be negotiated seperately from the AST.
                    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

                    Comment


                      #11
                      Originally posted by Ruth Less View Post
                      I took advice from ARLA on this by phoning them last week.

                      The lady from ARLA confirmed this clause means that the landlord does not have to repair appliances like the washing machine if they were to just stop working due to no fault of the tenant. She said that this clause is in the standard ARLA contract and has been passed by the Office of Fair Trading. She said there is no legislation covering white goods and the landlord can contract out of having to repair them by putting such a clause in the tenancy agreement.

                      If you have any evidence to contradict this then I'm all ears. Thanks.
                      Sounds dead fishy to me, and not a clause I'd be happy putting in my own tenancy agreements. If I were a tenant I'd make darn sure the landlord was responsible for the upkeep of that sort of white good as long as the tenant hasn't abused it. Either that or they can just remove them and I'd get my own!

                      Comment


                        #12
                        Cheers for the replies people, I posted before I knew how the company would react (though had sent through the request), but it appears they're going to be sensible about it & have offered options to get the item replaced.

                        Comment


                          #13
                          Originally posted by Ruth Less View Post

                          Hopefully offenderuk doesn't have a standard ARLA contract!
                          Not sure if we do or not, but the agent we're through is an ARLA one. I must admit my dealings with both ARLA and ARMA have left me less than impressed. I get the distinct impression that ARLA, ARMA and Letting agencies / building managers kind of overlap each other but in such a way as to leave many gaps open (particularly when delegated or disassociated responsibility is involved)

                          I certainly am not impressed at all with renting through a letting agency, having had six+ years of excellent landlords prior to this first experience, but at least in this case, they seem to be willing to sort the appliance out without too much fuss.

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