conflicting advice re white goods

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  • conflicting advice re white goods

    In answer to a previous question I was told that if I supply white goods then I am responsible for them which I accept. However upon making some enquiries at a company associated with this website they told me that if I supply white goods i can enter a clause stating that I will not be responsible for them which seems to go against everything you are telling me here. I did ask them to confirm in case i had misunderstood and it was clear. Now I have been told 2 completely different things! Can anyone clarify on this point please?

  • #2
    The company have misled you. You are right in your assertion that you would be responsible; you can't put the onus on a tenant so it's best not to supply these goods.

    Has it occurred to you they just want to sell you the stuff and might tell you anything to do so, then deny it later after having parted with your money? Perish the thought! You could ask them to extend their warranties by another 12 months if you feel keen!
    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.


    • #3

      It is actually quite a common clause to be added to an agreement.

      Section 11 of the Landlord and Tenant Act 1985 (LTA) requires you to be responsible for the structure and exterior of the dwelling, the sanitary fittings and the installations for heating, water and space heating in the property.

      There is only an implied obligation for you to maintain white goods and not an implicit one.

      However, you can not expec the tenants to maintain your white goods and the clause usually reads that the tenants may dispose of the machines when they cease to work. For all you know it could be a blown fuse that sees your new machine going into the skip.

      As an agent we normally reccomment that Landlords supply and maintain white goods. Yes it can cost you money but it gives a good impression to tenants and makes sure that they don't install antiquated rubbish that could potentially cause damage.
      For the avoidance of doubt, I am not a solicitor nor a specialist. I have simply spent many years in the business and am expressing my opinions. I would urge caution to any individual using these forums as a sole basis for decision without first speaking to a solicitor.


      • #4

        Thanks, at least that explains why I am being told two different things!


        • #5

          Originally posted by Paul_f
          Has it occurred to you they just want to sell you the stuff and might tell you anything to do so, then deny it later after having parted with your money?
          Sorry Paul, I have just realised that my post was a bit misleading. It was a company concerning writing AST leases for me that had told me this not the company selling the goods. My apologies for not saying what i meant!


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