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Is the cost of repair on me or my landlord?

OK, so I started renting a property on Tuesday. An inventory was done on the property and the electric shower is on there and listed as "to be maintained by tenant". The problem is the the shower does not work, it does not heat the water.
I rang my letting agency who also maintain the property, who have told me that it was probably put as "to be maintained by tenant" because it was faulty.

My question is - dam I really expected to pay to have the shower fixed/replaced when it was broken from before I signed my rental agreement? How can I be expected to maintain something that doesn't work?

Any info needed - Let me know.

Many thanks
«13

Comments

  • mrcol1000
    mrcol1000 Posts: 4,788 Forumite
    First Post First Anniversary
    Normally they put this in when its been added by a previous tenant? Normally though I have seen this when its for fridges that previous tentants have left behind and you can use but the landlord won't fix if they break.
  • Is there a bath there you can use?
  • gingbeard
    gingbeard Posts: 123 Forumite
    Is there a bath there you can use?

    Yes, There is a bath
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    First Post Name Dropper First Anniversary Combo Breaker
    Ah, this is a tricky situation. One we've discussed a few times on the forum recently.

    A landlord has legal responsibilities to fix things like the electrical system, the gas system, a boiler etc under section 11 of the landlord and tenant act.

    They do not have a statutory responsibility to fix appliances that are supplied. However, if they provide them, it is assumed that they are part of the contractual arrangements and so they have a contractual responsibility to repair them.

    The trick comes when the landlord specifically highlights that the appliance is NOT part of the contractual arrangements. They can contract out of it, and you have agreed to take the burden on.

    So legally no, they don't have to fix this one. But it's ethically exceptionally underhand. I would be straight in touch with the landlord, express your disappointment with their behaviour and point out that deception, even if by omission, is not a good way to start a long term landlord-tenant relationship. Then I would proceed to check every box-tick I could - gas certificates, EPC certificates, deposit protection.

    Then I might replace the shower, but then remove it when I left so the landlord didn't have the benefit of it for viewings! And I'd be sure to tell every prospective tenant who viewed that the shower was going, and why.
  • Then the LL has provided the minimum washing facilities he has to.
  • gingbeard
    gingbeard Posts: 123 Forumite
    Then I might replace the shower, but then remove it when I left so the landlord didn't have the benefit of it for viewings! And I'd be sure to tell every prospective tenant who viewed that the shower was going, and why.

    I think that replacing the shower would be a good idea... But surely I would have to put the old one back up when my tenancy ends? Any idea on the cost of having the shower replaced?
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    I would insist on it being repaired now by them.

    If it was a reason for taking the property especially.

    I'm pretty certain it's an unfair condition of your tenancy but speak to cab maybe.
  • carolt
    carolt Posts: 8,531 Forumite
    Just ignore it - a shower is clearly part of the fixtures and is the landlord's responsibility - whatever he tried to claim in the agreement.

    It's not your responsibility to fix it; but if you have a working bath, personally I'd just ignore the shower altogether, unless it poses some kind of safety risk, and next time you rent, check the contract properly for nutty clauses (indicating bonkers landlord) like this before you sign.
  • Niv
    Niv Posts: 2,467 Forumite
    First Anniversary Name Dropper First Post
    Ignore it or replace it with your own then put the broken one back when you leave have bnoth been mentioned. However, if the tenant is expected to maintain this wouldnt the LL be able to deduct some of the OP deposit when he left the flat to repair the shower he was 'responsible' for? IMO he should act now and put it in writing to the LL/agent to make it clear that is was broken when he first took the place on otehrwise he seems to be leaving himself open for a bill in th future.
    YNWA

    Target: Mortgage free by 58.
  • gingbeard
    gingbeard Posts: 123 Forumite
    Niv wrote: »
    IMO he should act now and put it in writing to the LL/agent to make it clear that is was broken when he first took the place on otehrwise he seems to be leaving himself open for a bill in th future.

    I agree - We have been given the inventory of the property and told we have 7 days to go over it all and add any additional problems to the list - so it will all be in contract form to protect our deposit
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