Furnished flat: Combi Oven/Microwave broken, to be replaced. Who should dispose item?

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    Furnished flat: Combi Oven/Microwave broken, to be replaced. Who should dispose item?

    Hi there,

    Simple question really.

    The Combi Oven/Microwave, the only cooker in the furnished flat has broken and after asking for a repair/replacement, the Managing Agent has ordered a new Combi oven/microwave to replace it.

    Due to arrive in 5 days.

    Now, I live on the 3rd floor of a no-lift block and last week had major knee surgery so unable to weight bare, let alone care an item as heavy as an oven.

    In my email informing the MA of the problem, I mentioned I'm recovering from surgery and therefore asked if they would ensure the old oven is removed at the same time as the new one is delivered.

    In the email informing me of the confirmed order of a replacement, the MA has informed me the old item will not be removed by the company supplying the new oven and nor will the MA arrange for a collection as they would have to charge the LL £50. They suggested I ask a neighbour to carry the oven down for me and to inform the council for a pick up but they may want to charge.

    Is this right? Wasn't there some EU law about disposal of electrical items?

    Any advice, gratefully received,

    G

    #2
    Removal of the defunct cooker is the landlord's problem so if his agent doesn't want to play ball just say you will get it removed and deduct the cost from the rent. Hey presto! Don't take any bull from agents like this.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Ok,

      Asked agent for details of replacement and the combi ordered was half the size of the existing one.

      So stated I wouldn't accept an oven half the size of the existing unit and restated the fact that the landlord is responsible for the removal of the old one. The Agent had previously stated he wouldn't be happy to charge the LL £50 to just walk up some stairs and remove the broken unit so I stated that since he has valued the cost of removing the faulty item to be £50, I would deduct this from next months rent and arrange removal myself.

      The Agent still maintains that the LL is not required to remove the faulty cooker, indeed 'It is also not the Landlord’s issue that you have a knee problem. Whilst I sympathise with your predicament, this is your problem, not hers, and therefore there is no financial assistance on offer nor any obligation for her to provide one.' adding that withholding the rent to cover the cost of removing the cooker at the rate the agent has already stated would be considered arrears (I tend to agree with him there)

      Where is it in black and white that a faulty cooker, provided by the LL in a furnished AST is to be removed by the LL or indeed that the tenant should be required to remove and dispose of a faulty item supplied by the LL in a furnished flat and is listed in the inventory?

      Regards,

      G

      Comment


        #4
        It is the managing agents responsibility to remove and replace the oven. The landlord is paying them to manage the flat so therefore it is their responsibility, not yours. If the landlord doesn't want to pay £50 then the landlord should come and remove it. Do not arrange to do it yourself and deduct the cost from the rent.

        Comment


          #5
          Originally posted by bbva View Post
          It is the managing agents responsibility to remove and replace the oven. The landlord is paying them to manage the flat so therefore it is their responsibility, not yours. If the landlord doesn't want to pay £50 then the landlord should come and remove it. Do not arrange to do it yourself and deduct the cost from the rent.
          I do not think it is "the managing agents responsibility to remove and replace the oven" it is the responsibility of the landlord to ensure that these afformentioned fixtures and fittings remain in a working order. I am unaware of any statute which requires landlords to remove an old model.
          [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

          Comment


            #6
            I'm going to dig out the contract to see if there is anything that says the management company is not responsible...

            Could I apply Lee-Parker v Izzet [1971]?

            G

            Comment


              #7
              Originally posted by thumper View Post
              I'm going to dig out the contract to see if there is anything that says the management company is not responsible...

              Could I apply Lee-Parker v Izzet [1971]?

              G
              What contractual relationship do you as T have with MA?!
              [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

              Comment


                #8
                Originally posted by MrJohnnyB View Post
                What contractual relationship do you as T have with MA?!
                I'm guessing the same one that requires me to pay the MA a fee for renewing the AST I currently have with my LL.

                Comment


                  #9
                  Originally posted by thumper View Post
                  I'm guessing the same one that requires me to pay the MA a fee for renewing the AST I currently have with my LL.
                  If such clause is enforceable it would be by reference to costs incurred with Landlord. You cannot enforce a repairing covenant against a managing agent unless they are a party to the letting - they undoubtedly are only an agent for LL.
                  [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                  Comment


                    #10
                    I disagree. If the landlord had to replace the washing machine, he couldn't expect the tenant to get rid of the old washing machine. Since this landlord pays an agent to manage his property, they need to remove it and bill £50 to the landlord.

                    Comment


                      #11
                      Do the firm supplying the appliance perhaps have a collection service for the old appliance? I think Argos charge £10. Seems like a bargain to me.
                      To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                      Comment

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