Faulty washing machine in rented house

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    Faulty washing machine in rented house

    Since 1 Sep 2006 I rent a house from agency, and washing machine is faulty since I mooved in. The owner of the property confirmed that there were problems before (owner was living in house before). But the owner didn't tell to agency about it.
    So agency sends person to repair it but it still not working properly. After second try to repair it, they found out that it is faulty piping.

    I have enough of not beeing able to wash my clothes properly and unfortunatelly I dont have time to attend all repair- which I have to, according to tennancy agreement. And I think there is something more serious with washing machine. And piping work wont solve the problem.

    Do I have right to terminate my tennancy? I pay full price since I mooved in, agency didnt offer any discount tough I asked. I am not good in fighting for my rights so I would like to finninsh this tennancy.

    Agency said they would advertise it (the owner agreed to release me from lease if they find new tennants). But I am worried that they wont be able to fix it. And nobody would like to rent it.

    What are my rights? It looks like agency have all the rights and I just have to pay for faulty house.

    At this moment property is advertised and I moove out to new house which I found myself on 1 Dec 2006. And I will pay rent as normal for next month because they didn't find anybody. And I am to cover the costs of finding new tennant.


    Margaret

    #2
    No you do not have the right to terminate your tenancy for such a petty reason.

    Its a just faulty washing machine not a faulty house. There are such things as launderettes and if was as bad as you make out, then if I had been you, I would have made sure I was available when the repair men wanted to come round again.

    What could be more serious with the washing machine than that it doesn't work? The LL/Agent has been trying to repair it so it isn't as if they have ignored the problem. Many tenants have to live in dreadful conditions because their LL refuses to do anything at all so consider yourself lucky that your LL is being as reasonable as he is.

    In this scenario, I actually think the LL is being quite reasonable in allowing you end the tenancy early and is quite justified both morally and legally in asking you to pay until he finds someone else and to pay for re-advertising costs.

    You should have thought about this before you went and found somewhere else to live over such a minor matter.

    He could have insisted you pay rent until the end of the fixed term (which at the very minimum is at least another 3 - 4 months but you don't give exact dates so it's difficult to say for certain.

    Sorry but absolutely no sympathy from me.






    Originally posted by malgo View Post
    Since 1 Sep 2006 I rent a house from agency, and washing machine is faulty since I mooved in. The owner of the property confirmed that there were problems before (owner was living in house before). But the owner didn't tell to agency about it.
    So agency sends person to repair it but it still not working properly. After second try to repair it, they found out that it is faulty piping.

    I have enough of not beeing able to wash my clothes properly and unfortunatelly I dont have time to attend all repair- which I have to, according to tennancy agreement. And I think there is something more serious with washing machine. And piping work wont solve the problem.

    Do I have right to terminate my tennancy? I pay full price since I mooved in, agency didnt offer any discount tough I asked. I am not good in fighting for my rights so I would like to finninsh this tennancy.

    Agency said they would advertise it (the owner agreed to release me from lease if they find new tennants). But I am worried that they wont be able to fix it. And nobody would like to rent it.

    What are my rights? It looks like agency have all the rights and I just have to pay for faulty house.

    At this moment property is advertised and I moove out to new house which I found myself on 1 Dec 2006. And I will pay rent as normal for next month because they didn't find anybody. And I am to cover the costs of finding new tennant.


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

    Comment


      #3
      Thank you for your answer Pippay. I hope that you answer was based on law. From your answer I could say you are the kind of landlord who think that repairing washing machine is a favor to tennant.
      I do think when you pay serious money you recieve according service, so agency tring to arrange repair does their duty. And I have nothing to say against them.

      And those poor tennats you metion pay far less than I do and they have according service.

      I just want to make sure if there is anything I could do.

      p.s.
      washing machine is essencial for living - not a petty reason. You are a man so you propably don't even know how to switch it on

      Margaret


      Originally posted by pippay View Post
      No you do not have the right to terminate your tenancy for such a petty reason.

      Its a just faulty washing machine not a faulty house. There are such things as launderettes and if was as bad as you make out, then if I had been you, I would have made sure I was available when the repair men wanted to come round again.

      What could be more serious with the washing machine than that it doesn't work? The LL/Agent has been trying to repair it so it isn't as if they have ignored the problem. Many tenants have to live in dreadful conditions because their LL refuses to do anything at all so consider yourself lucky that your LL is being as reasonable as he is.

      In this scenario, I actually think the LL is being quite reasonable in allowing you end the tenancy early and is quite justified both morally and legally in asking you to pay until he finds someone else and to pay for re-advertising costs.

      You should have thought about this before you went and found somewhere else to live over such a minor matter.

      He could have insisted you pay rent until the end of the fixed term (which at the very minimum is at least another 3 - 4 months but you don't give exact dates so it's difficult to say for certain.

      Sorry but absolutely no sympathy from me.

      Comment


        #4
        [QUOTE=pippay;27042]Many tenants have to live in dreadful conditions because their LL refuses to do anything at all so consider yourself lucky that your LL is being as reasonable as he is.

        Isn't it worrying?

        I am landlord myself and I rent my apartment, but I have never treated my tennants bad way. Bacause I take money for my service. Tennats should get what they pay for.

        Comment


          #5
          Never ever assume .. I'm not a Landlord and never have been .. but I am a tenant who appreciates that if I sign a legally binding document I must keep to it, and not try and wriggle out of it for no good reason.

          If, as you say in your next post, that you are a landlord yourself, then surely you should already know the law which clearly states that if you sign an AST for a fixed period then you remain liable for the entire period UNLESS your Landlord is being reaonable. But I suspect in your case, he probably wants rid as soon as possible.

          And as for the tenants I mention, they are an elderly couple having to live in damp mouldy conditions and p[aying nearly £1500 per month for the so called priveledge.

          So please don't expect my sympathy for a broken washing machine.

          Oh.. and I'm female .. so you got it wrong on all counts.

          Get off your butt and do a bit of hand washing or better still walk to the launderette like most women would do if their washing machine broke.

          Originally posted by malgo View Post
          Thank you for your answer Pippay. I hope that you answer was based on law. From your answer I could say you are the kind of landlord who think that repairing washing machine is a favor to tennant.
          I do think when you pay serious money you recieve according service, so agency tring to arrange repair does their duty. And I have nothing to say against them.

          And those poor tennats you metion pay far less than I do and they have according service.

          I just want to make sure if there is anything I could do.

          p.s.
          washing machine is essencial for living - not a petty reason. You are a man so you propably don't even know how to switch it on

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

          Comment


            #6
            [QUOTE=pippay;27054]Never ever assume .. I'm not a Landlord and never have been ..

            Thank you again. But you shouldnt make an effort to response to this post. I seek professional advice.

            Margaret

            Comment


              #7
              As a Tenant I make it my business to know as much about the law that binds me as much as it does the Landlord.

              Your initial question was as quoted below - Do you have the right to end your tenancy now (before the expiry of the fixed period which at the earliest would be the beginning of February 07 depending on when in September 06 you moved in).

              Any professional Landlord (and there are many respected ones on this forum,)will tell you exactly the same as me.

              Your Landlord has every right to charge you until the end of the fixed period of the Tenancy Agreement, AS PER CONTRACT, or if he/she agrees to release you from it, then he/she can continue to charge you rent until a replacement tenant moves in, which he must make every effort to find, together with re-advertising costs, if he/she so chooses. However, if he genuinely cannot find one (and Xmas is a notoriously quiet time for people to move home) you will remain liable for the rent.

              According to you, he has seemingly made every attempt to repair the washing machine but you cannot be available to let any future repairman enter the property and mistrust the repairman's diagnosis of the problem.

              There isn't much more he can do.

              This problem in itself is not enough to justify you breaking your side of the contract by leaving within the fixed term.

              If you are expecting a different answer (i.e. one you would like) then I have a feeling you will have a long wait.

              Whether I have sympathy for your broken washing machine or not is irrelevant to the answer which remains the same.

              And so does my view that the lack of a washing machine is a petty reason for trying to end the contract and expecting not to be held liable for the rent.



              Originally posted by malgo View Post
              Since 1 Sep 2006 I rent a house from agency,

              Do I have right to terminate my tennancy?

              Agency said they would advertise it (the owner agreed to release me from lease if they find new tennants). But I am worried that they wont be able to fix it. And nobody would like to rent it.

              What are my rights? It looks like agency have all the rights and I just have to pay for faulty house.

              At this moment property is advertised and I moove out to new house which I found myself on 1 Dec 2006. And I will pay rent as normal for next month because they didn't find anybody. And I am to cover the costs of finding new tennant.


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

              Comment


                #8
                Well, your answer is really nice this time. I do appreciate it. And it is not as I expected different answer than what you give me. I just wanted to know how it looks from professional point of view.

                The thing that bothers me is not broken washing machine (yeah I can do hand washing) but the fact that they rented me a house with already faulty washing machine. I wouldn't rent it if I knew it. (I would understand if it broke during tennancy)

                I want to know if there is any law I could quote.

                Margaret

                Comment


                  #9
                  malgo you say you're a landlord. Let's see you in your landlord shoes.

                  Put aside knowledge of the law for a minute. What would you think of and how would you handle a tenant who told you that because the washing machine is faulty they want to terminate the tenancy with immediate effect?

                  (May I please request that the members wait until malgo posts a response.)

                  Comment


                    #10
                    Originally posted by malgo View Post
                    Do I have right to terminate my tennancy?
                    You can leave a property you are renting whenever you want during the fixed term of your contract however you will be liable for the rent until a new tenant is found as well as readvertising cost UNLESS the landlord agrees to end the tenancy there and then.
                    If you were to leave early and the landlord wants to charge you rent understand that he must actively look for a suitable replacement tenant and not just wait around cashing your money.

                    Originally posted by malgo View Post
                    What are my rights? It looks like agency have all the rights and I just have to pay for faulty house.
                    You don't have to just pay and accept it. If the item hasn't be usable for a certain amount of time (I'm not talking 2 days here, you should give the landlord a reasonable amount of time for repairs) you can request (in writing) that it's fixed within say 7-14 days or you will get some quotes and get it repaired and withold the cost from the rent.
                    However if you want to leave the property altogether before the end of the fixed term you will be liable for rent and advertising cost until a replacement is found.

                    Originally posted by malgo View Post
                    At this moment property is advertised and I moove out to new house which I found myself on 1 Dec 2006. And I will pay rent as normal for next month because they didn't find anybody. And I am to cover the costs of finding new tennant.


                    Margaret
                    This is what is to be expected and you will be liable for the rent until replacement is found (or end of fixed term whatever comes first). However as I said above the landlord must actively look for a replacement.

                    May I suggest that as a landlord yourself you should read into the rights and obligations of both landlords and tenants to ensure that you know them for yours and your tenants' sake.

                    Comment


                      #11
                      Thank you all for your answers. but nobody answered my question.
                      What happens if landlord rent you house with already broken equipment?

                      Comment


                        #12
                        Originally posted by malgo View Post
                        Thank you all for your answers. but nobody answered my question.
                        What happens if landlord rent you house with already broken equipment?
                        The landlord needs to sort it out, in the manner which others have described. I'm sure there's no special law which says that if the equipment was broken at the outset that the situation is any different to it breaking down during the tenancy.

                        Comment


                          #13
                          In fairness to this unknown LL, the OP herself has stated that he has attempted twice to have it repaired but the the OP wasn't available to let anyone else in .. what more can the LL do, if his attempts are frustrated by the tenant?

                          And to actually up and leave a property, whilst still being potentially laible for the rent for another 3 - 4 months is, in my opinion, not only a massive over-reaction to a relatively small (and resolvable) problem, but foolhardy in the extreme.

                          Originally posted by Ericthelobster View Post
                          The landlord needs to sort it out, in the manner which others have described. I'm sure there's no special law which says that if the equipment was broken at the outset that the situation is any different to it breaking down during the tenancy.
                          Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                          Comment


                            #14
                            From a tenancy point of view, if the washing machine was admittedly broken before you moved in, that should have been captured in the inventory. Now you say the agents admitted to this. So the question is, has this been stated as such in the inventory? If not, then you can hold that against them, in any negotiations on the matter.

                            Now, I cannot understand why a tenancy, which allegedly on all other issues is run OK - I assume this as no further complaints have been reported in here apart from the washing machine- is jeopardised to the point of termination over a faulty washing machine. A £200 replacement WM can easily restore the problem, and definitely a professional landlord, would look into such immediate resolution rather than perpetuating the situation.... But that's only me thinking!!!!

                            For the tenant I think a thing to have in mind is that if inventory has not captured the fault with the washing machine, whilst it has been assured the fault occurred before the tenacy commenced, then the agents/landlord are to some extent on the weak side of legality.

                            Aris

                            Comment


                              #15
                              Originally posted by malgo View Post
                              Since 1 Sep 2006 I rent a house from agency, and washing machine is faulty since I mooved in. The owner of the property confirmed that there were problems before (owner was living in house before). But the owner didn't tell to agency about it.
                              So agency sends person to repair it but it still not working properly. After second try to repair it, they found out that it is faulty piping.

                              I have enough of not beeing able to wash my clothes properly and unfortunatelly I dont have time to attend all repair- which I have to, according to tennancy agreement. And I think there is something more serious with washing machine. And piping work wont solve the problem.

                              Do I have right to terminate my tennancy? I pay full price since I mooved in, agency didnt offer any discount tough I asked. I am not good in fighting for my rights so I would like to finninsh this tennancy.

                              Agency said they would advertise it (the owner agreed to release me from lease if they find new tennants). But I am worried that they wont be able to fix it. And nobody would like to rent it.

                              What are my rights? It looks like agency have all the rights and I just have to pay for faulty house.

                              At this moment property is advertised and I moove out to new house which I found myself on 1 Dec 2006. And I will pay rent as normal for next month because they didn't find anybody. And I am to cover the costs of finding new tennant.


                              Margaret

                              This original post seems rather short on actual facts necessary to support any contention that the landlord was acting unreasonably in this case.

                              On what date did the tenant move into the property?
                              What was the condition of the washing machine as described on the inventory and was the inventory signed by both the tenant and the landlord?
                              Can the age of the washing machine be established from the model and serial number and if it is an older machine has it been checked for electrical safety?
                              On what date did the tenant find the washing machine to be faulty and what exactly was the nature of the fault?
                              What was the date of the first contractors visit to undertake repairs and why was this thwarted by the tenant?
                              What was the date of the second contractors visit to undertake repairs and why was this thwarted by the tenant?
                              What was the date the tenant signed the contract for the property she intends to move into?

                              On the basis of the information provided to date it would appear that the tenant has been totally unreasonable and the landlord has been fair in allowing the contract to be terminated prematurely and the landlord has made every effort to mitigate a claim against the tenant by reletting the property.

                              I do hope the landlord concerned has received written confirmation by the the tenant of the tenant's intent breach the contract by ending the tenancy. It is imperative the landlord ensures he/she could not be accused of illegal eviction for reletting the property before the end of the fixed term.
                              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

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