Broken fridge - Landlord or tenant responsible for removing?

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    Broken fridge - Landlord or tenant responsible for removing?

    Hi all

    Happy new year.

    The fridge has broken and both LL and T agree that it can not be fixed. Who is responsible for the costs involed in removing the fridge?

    It belongs to the LL and was listed on the original inventory. T has used it since moving in 3yrs ago.

    The tenancy agreement does not reference anything to do with white goods. T argues that as she does not drive, she would have to pay someone (The Council) to remove it. She is loathe to do this as it belongs to the LL. The LL argues that it is the T's responsibility...

    Thanks

    #2
    It would be the tenants responsibility to pay for its removal.


    My council do free removals, but if they didn't, As a landlord, I would pay for it if the tenant had been a good one for 3 years though.
    Has she a front garden that it can go in, as I find that they are taken away by travellers within a few days.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Originally posted by thesaint View Post
      It would be the tenants responsibility to pay for its removal.


      My council do free removals, but if they didn't, As a landlord, I would pay for it if the tenant had been a good one for 3 years though.
      Has she a front garden that it can go in, as I find that they are taken away by travellers within a few days.
      Would the working fridge not form part of the contract if it omitted any special clause thus the fact that it has broken down means that the landlord should be responsible for replacement, and any reasonable cost in removing the old one?
      [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


        #4
        As post number 3.

        But what if the bath cracks, or sink taps want replacing, or a wall
        fallsdown, ( as they can after many years ) Are you going to ask the
        tenant to dispose of the bath, taps, and old bricks ?

        what if the landlord redecorates after 5 to7 years, Do you expect
        the tenant toget rid of all the old wall paper and paint cans.
        No you don't.

        The fridge is rented off the landlord, therefore the landlord replaces
        the fridge and removes the old one.

        If I rented a car, and while parked, it gets destroyed by a 40 ton
        truck, there is no way I would be asked to remove the hire car
        to the tip when my replacement car arrives !

        R.a.M.

        Comment


          #5
          Originally posted by MrJohnnyB View Post
          Would the working fridge not form part of the contract if it omitted any special clause thus the fact that it has broken down means that the landlord should be responsible for replacement, and any reasonable cost in removing the old one?
          In a word...No.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            I would have thought that if you provide something in the house as part of the TA then the T is paying a bit extra in the rent for it, for its removal and its replacement.

            I would offer it to the scrappy and buy a new one.

            Comment


              #7
              I agree. How on earth can it be the T's responsibility to remove it when it doesn't belong to him and it wasn't his fault it broke down?

              Bizarre advice from the saint!
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                Originally posted by Berlingogirl View Post
                I would have thought that if you provide something in the house as part of the TA then the T is paying a bit extra in the rent for it, for its removal and its replacement.

                I would offer it to the scrappy and buy a new one.
                We can all "think", but letting/renting is covered by laws and legislation.

                If a bulb goes, is the landlord responsible for the old ones removal/disposal? No? Why?
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #9
                  Originally posted by thesaint View Post
                  It would be the tenants responsibility to pay for its removal.
                  Could you elaborate on why that would be?

                  Comment


                    #10
                    But a light bulb is a consumable - a fridge isn't. Surely it's down to the landlord to remove it?

                    Mind you, if the landlord agree's with the disposal - he could just suggest it is put outside for the scrap man and arrange for a new one to be delivered.

                    Comment


                      #11
                      Originally posted by Claymore View Post
                      But a light bulb is a consumable - a fridge isn't. Surely it's down to the landlord to remove it?

                      Mind you, if the landlord agree's with the disposal - he could just suggest it is put outside for the scrap man and arrange for a new one to be delivered.
                      Actually, I think the suppliers of the new fridge will take the old one away free/for a small fee (it may even be a legal requirement to offer to, I can't remember).
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                      Comment


                        #12
                        Originally posted by Claymore View Post
                        But a light bulb is a consumable - a fridge isn't. Surely it's down to the landlord to remove it?
                        There is nothing about the landlord being responsible for "consumables" that I have seen in housing law to my knowledge. If the Landlord and tenant act 1985 was just related to consumables, it would be simple to understand, and about two lines long.

                        The tenant could keep the fridge in the property if they wished, but unless someone shows me the legislation that says the landlord is responsible for removal of items he isn't even responsible to replace, I will continue to say he isn't.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          Originally posted by thesaint View Post
                          The tenant could keep the fridge in the property if they wished, but unless someone shows me the legislation that says the landlord is responsible for removal of items he isn't even responsible to replace, I will continue to say he isn't.
                          With respect, that is a ridiculous position to adopt and it flies in the face of good LL/T relations as well as common sense. I appreciate that as a letting agent, you would not wish to cause your clients (landlords) additional expense, but we are talking about £10 here (at most) to ensure the T's home is not cluttered up with a large, broken item which has never belonged to him. In most rental properties there is no room for such an extra items and it may even compromise safety/exits, etc. The £10 would be tax-off settable; it;'s simply part of the cost of replacing the fridge - which I think you'll find is the LL's responsibility if he provided it in the first place. (Especially when most electrical retailers will take it away and recycle it free when delivering the new appliance!)

                          This is surely one of those instances where the LL/agent should not just pull in their horns and say 'Oh well, there's no law which says I have to remove a broken fridge from a rental property, so it's not my problem'.

                          Or would you, as an agent, simply instruct your LL client to do nothing and let the T sort out and pay for the replacement and removal of old fridge himself?

                          What do other letting agents think?
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                          Comment


                            #14
                            Originally posted by thesaint View Post
                            The tenant could keep the fridge in the property if they wished, but unless someone shows me the legislation that says the landlord is responsible for removal of items he isn't even responsible to replace, I will continue to say he isn't.
                            So your previous statement was nothing more than your personal opinion.

                            In your scenario, the tenant would be equally able to charge the landlord for storing this useless fridge unless someone shows me the legislation that says that he cannot.

                            Moreover, while landlord is not obligated to repair the fridge, from previous discussions (with Jeffrey) on the matter I am not sure that he is not obligated to replace it:
                            My understanding was that landlord has provided a fridge as part of the contract, and must replace it if not repairable. (I cannot quote legal reasons, though)

                            Comment


                              #15
                              Originally posted by jjlandlord View Post
                              So your previous statement was nothing more than your personal opinion.
                              Incorrect.

                              Originally posted by jjlandlord View Post
                              In your scenario, the tenant would be equally able to charge the landlord for storing this useless fridge unless someone shows me the legislation that says that he cannot.
                              If the contract allowed it, then yes you are correct.

                              Originally posted by jjlandlord View Post

                              Moreover, while landlord is not obligated to repair the fridge, from previous discussions (with Jeffrey) on the matter I am not sure that he is not obligated to replace it:
                              My understanding was that landlord has provided a fridge as part of the contract, and must replace it if not repairable. (I cannot quote legal reasons, though)
                              I shall leave the discussion, as it is going nowhere at the moment.
                              Allow tenants to protect their own deposits. I want free money when they do it wrong

                              Comment

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