Apliances in the AST - who is responsible?

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  • Apliances in the AST - who is responsible?

    As a Landlord I am providing appliances - washing machine, cooker, fridge and freezer for the Tenants. Is it possible to put a clause in the AST which makes Tenants responsible for maintenance and replacement of those appliances if they brake. How this can be worded in the AST? I am using the NLA AST, but it does not make this very clear.

    Many thanks

  • #2
    Originally posted by rila77 View Post
    How this can be worded in the AST?
    By a lawyer experienced in drafting tenancy contracts.

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    • #3
      I use the NLA agreement and it does not include this clause. Any help appreciated with examples of wording. Thank you

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      • #4
        IMO it might be difficult to enforce a clause making the tenant liable to replace appliances if they breakdown without actual misuse...

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        • #5
          I am thinking of not actually making tenants to fix the appliance, but rather replace it with their own one.

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          • #6
            Originally posted by rila77 View Post
            I am thinking of not actually making tenants to fix the appliance, but rather replace it with their own one.
            What if they don't have one?

            I would simply factor in the cost of your appliances into the rent.
            What you are trying to do is complicated, and hard to manage.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

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            • #7
              I choose not to supply appliances beyond occasionally oven-cooker.

              I'd have thought if you supply a facility you will be responsible for maintaining it in a court.

              Washing machines have a lifetime defined in x 'washes', so you never know when you will have to replace it, unless you supply a 'commercial' one.

              ML
              Refer Mad Regulators to Arkell vs Pressdram.

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              • #8
                Any clause would almost certainly be unfair and therefore void under the Unfair Terms in Consumer Contract Regulations on a standard six to twelve month AST - why not just remove the appliances, sell them and then reduce the rent? The tenant can buy their own if they wish.

                I assume you know that there are some repairing obligations you cannot escape from under statute? This will include maintaining the heating, boiler plumbing, baths and showers.
                Disclaimer:

                The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

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                • #9
                  I agree with the above, anything included in the property apon signing the AST would form part of the contract unless specifically removed by the contract, and even then it would be hard to enforce.

                  You could sell the appliances to the incoming Tenants as a one off to get rid of them easily and potentially have an informal agreement to buy a fridge freezer, cooker etc back at the end depending on condition and so on.

                  Good luck

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                  • #10
                    Originally posted by midlandslandlord View Post

                    I'd have thought if you supply a facility you will be responsible for maintaining it in a court.
                    This is not the case.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

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                    • #11
                      Originally posted by midlandslandlord View Post
                      I'd have thought if you supply a facility you will be responsible for maintaining it in a court.
                      There is no statutory obligation for a LL to maintain kitchen appliances such as a fridge or washing machine. If the contract does not make LL liable for maintenance/repair, then there is no obligation.

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