Gifted white goods

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    Gifted white goods

    Hi. I'm a tenant, I hope my questions are allowed here!

    I am due to move to a new house at the weekend on an AST. When I went to visit, and pay the referencing/deposit, it was explained to me that the property would have white goods. I told them I had my own, and would prefer to keep them, and could they ask they the landlord if that would be OK. They did and the answer was no, that she wanted to keep her own white goods at the property. Fair enough, I have now sold mine.

    Today I received the contract to review before signing and the landlord has added a special clause at the bottom:

    "The white goods left at the Property have been gifted to the tenants, any maintenance or repair required will not be the responsibility of
    the landlord."

    Now I am a bit worried. Why would she do this? I was forced to sell my expensive stuff that had nice long warranties, and now I could be stuck with something that will break down in the first week that I would have to replace (worst case, I know). I'm trying to find out if the items being supplied have any warranty at all... I certainly hope they do.

    So that's the situation. My questions are:

    1) Is this usual?
    2) If they are gifted, does that mean I can take them with me when I leave? If yes, if I don't take them when I leave, am I liable for any removal costs? Or is it possible the landlord would pay ME something for leaving them? None of this is mentioned in the contract.
    3) Does the landlord need to supply any kind of safety certificates for the items?

    Thanks!

    #2
    They are yours to do with as you please.
    It is strange that they said they must remain, but then gave them to you gratis.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Thanks for the reply. Yes it's very annoying!

      Comment


        #4
        I'm guessing that they don't know what they are doing and are attempting at avoiding having to repair, replace, check the appliance.
        Based on that, I have a strong suspicion that if you dispose of them they'll look for trouble when you move out...

        Comment


          #5
          Beware! Gifting the white goods does not absolve the landlord from his duty to repair and maintain and the clause is not only an unfair term but unenforceable.

          The crux within the legislation is the word "supply" if you want to check. This was deliberately inserted specifically so that landlords cannot just "gift" such goods to circumvent the legislation.
          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


            #6
            I think that for the goods to actually be 'gifted' the tenant must also accept them. Now, can this acceptance be implied? Perhaps. If this is a clause in the tenancy, I would think that there is acceptance if OP agrees to the contract.

            Once the goods belong to the tenant, I don't see what duty to repair and maintain the landlord could have (it's not even clear that he had any duty to repair to start with).

            Comment


              #7
              Don't know if this is correct for these individual circumstances but this quote from Westminster makes more sense than anything else I've ever seen relating to the subject;

              In the vast majority of cases, I would imagine the question is one of civil, not criminal, liability. A washing machine breaks down; the tenant demands its repair, but the contract is silent. The tenant nevertheless thinks, well, the landlord provided the w/machine, so he *must* be obliged to repair it – there must, in other words, be some sort of implied contractual obligation.

              Section 11 LTA 1985 is effectively inserted into all (qualifying) tenancy contracts. It expressly specifies that the landlord is not responsible for kitchen appliance repairs. That’s the starting position.

              Quoting from a 1996 Law Commission report: ‘In general, the landlord will be contractually liable to the tenant only where he has expressly undertaken an obligation to repair or maintain the property. “It is well established that, in the absence of agreement to the contrary, the law imposes no obligations on a landlord to keep the demised premises in repair” [Hart v Windsor 1843]‘

              Elsewhere, the report states: ‘There is a presumption against the implication of any repairing obligation in a lease; there may therefore be cases where neither party is obliged to repair all or some part of the premises that are leased.’

              Therefore, in the case of the tenant with the broken washing machine, there would have to be an express term in the contract, specifying that the landlord *is* responsible for appliance repairs, in order to override the terms implied by s.11.

              In short, if the contract is silent on the matter, then IMO neither party is legally liable for the repair.

              Comment


                #8
                Originally posted by jjlandlord View Post
                I think that for the goods to actually be 'gifted' the tenant must also accept them. Now, can this acceptance be implied? Perhaps. If this is a clause in the tenancy, I would think that there is acceptance if OP agrees to the contract.
                Still doesn't count. If you email David Smith of Anthony Gold solicitors he will confirm 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


                  #9
                  Originally posted by Paul_f View Post
                  Still doesn't count. If you email David Smith of Anthony Gold solicitors he will confirm this.
                  Does count for what?
                  Are tou saying that a contract between 2 parties saying that one party gives goods to the other as part of it does not in fact transfer ownership? If so, why not?

                  [a reference would be more useful than "just ask that guy"]

                  Comment


                    #10
                    Sorry, I've lost the will to live. I'll leave it there thanks. It matters not really except when something "gifted" by the landlord breaks down and there's a dispute.
                    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

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