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faulty white goods - whos responsible?
Comments
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OP - I'm sorry if I have hijacked your thread a little with my previous question, but I was interested in finding out a little bit more about why some people believed that the LL had an legal responsibility to maintain all appliances.
In your case, given the text of contract then I would suggest that your LL does have a responsibility to fix their goods (I agree with your interpretation).
Generally, this is my understanding of the law when it comes to LLs responsibilities for appliances.
1. LL shall arrange annual inspection of all gas appliances by a Corgi gas technician.
2. LL shall supply a means of heating the property and a supply of hot water.
3. LL has a duty of care regarding the property electical installation and supplied appliances.
Anything else is down to the agreement between LL and T. Olly I take your point that by failing to fix the appliance and allowing T to fix then the LL could be failing in their duty of care. However, I do not believe that this would apply if the broken appliance was removed. The LL has then met his duty of care.
In short, I believe that there are many things a LL should do, but only a few things a LL must do. However, in the absence of a clear and specific exclusion in the contract, my opinion is that then LL should maintain all appliances in working order.
Paintpot - you wrote "My understanding is that the landlord can write into the contract whatever the landlord the likes but this does not override the law which is that if the landlord supplies it the landlord fixes it". I am not aware of such a law, if you know it exists please point me in the right direction.0 -
If you replace it yourself then you take it when you move.
Put it in writing that it's broken. That you'd like it repairing and if not he can come and remove it and you'll put one of your own in which you will remove at the end of tenancy.0 -
Poppy - good solution. Saves months of effort and fruitless posturing.
What about electrical appliances?
If your landlord supplies electrical appliances such as a fridge or washing machine, they may be responsible for fixing them if they break down. However much will depend on what was agreed between you at the outset of the tenancy, and how important the item was to you when you decided to take up the tenancy. If you have a tenancy agreement check to see if it says whether the landlord is responsible. You are responsible for maintaining any electrical goods that you own.
Any electrical equipment provided by your landlord should be safe, but there is no requirement for a safety certificate.
Reprinted from SHELTER:FREEDOM IS NOT FREE0 -
N79 - Your first post was dead on - no need to waver now.FREEDOM IS NOT FREE0
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The landlord is responsible so definitely stand your ground.
I'm also pretty certain that if the landlord supplied the freezer he can't then write into a contract that you are responsible for repairs.0 -
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"If your landlord has supplied an appliance such as a cooker or a washing machine that was working as the beginning of the tenancy, they have a responsibility to repair or replace it if it breaks down, unless this is the result of your negligence."
Taken from
http://www.adviceguide.org.uk/index/family_parent/housing/common_problems_with_tenancies.htm#Furnished_accommodation
On the citizen's advice advice page.
I face a similar problem.....0 -
Shelter are a better charity to get housing advice from than the CAB simply because Shelter specialise in housing problems. I suggest you read their webpages and if the advice is not sufficient you contact them via email. https://www.shelter.org.ukI'm not cynical I'm realistic
(If a link I give opens pop ups I won't know I don't use windows)0 -
Ok thanks for all the replies.
The freezer is built into the kitchen units.
The word freezer or white goods does not appear in my contract anywhere, but these next two points are what does ----
1 - we do not have to repair any item which you CAN take with you at the end of the tenancy. (this suggests to me that they have to repair any item which we CANT take with us at the end of our tenancy)
2 - Tell us, in writing, about any item which needs to be repaired as soon as you know its broken.
It also has this point.---
3 Look after all furniture fixture and fittings that we have provided, and repair and replace them if they become damaged or lost, (taking into account or fair wear and tear, and anything which is covered by insurance)
Would a broken freezer come under the word damaged? (point 3)
I remember doing the inventory but the fridge and freezer were not on it, and I think this is because of an over look by both parties as they are hidden in the kitchen by the kitchen unit doors. Both parties being me and the estate agent not the actual LL as he was not there and our dealings are through the EA.
thanks for my advice
If the freezer was not mentioned on the inventory then it was not a very good inventory. If none of the white goods were mentioned than as far as your tenancy is concerned they do not exist, so take the lot!
If, at the end of the tenancy you took everything that belonged to the L/L with you I am sure he would be after you. If stuff you can take is mentioned then I suppose if you were really determined you could take the doors, floors ceilings, roof tiles, the bathroom suite, the copper piping and in your contract you are allowed too!! If the freezer is built in you would have to take the kitchen apart to take it with you so you might as well take the kitchen too!
If he did not want to maintain the white goods he should not have supplied them. He did supply them and they are part of the contract and part of what you are paying rent for
Some people are so determined not to do what they are supposed to do they make idiots of themselves and when you point out they have made a mistake they get all serious and pretend that they are right
Your LA is taking a lot of nonsense!!
I hate these silly amatuer L/Ls and these silly amateur LAsLoretta0 -
OP - I'm sorry if I have hijacked your thread a little with my previous question, but I was interested in finding out a little bit more about why some people believed that the LL had an legal responsibility to maintain all appliances.
In your case, given the text of contract then I would suggest that your LL does have a responsibility to fix their goods (I agree with your interpretation).
Generally, this is my understanding of the law when it comes to LLs responsibilities for appliances.
1. LL shall arrange annual inspection of all gas appliances by a Corgi gas technician.
2. LL shall supply a means of heating the property and a supply of hot water.
3. LL has a duty of care regarding the property electical installation and supplied appliances.
Anything else is down to the agreement between LL and T. Olly I take your point that by failing to fix the appliance and allowing T to fix then the LL could be failing in their duty of care. However, I do not believe that this would apply if the broken appliance was removed. The LL has then met his duty of care.
In short, I believe that there are many things a LL should do, but only a few things a LL must do. However, in the absence of a clear and specific exclusion in the contract, my opinion is that then LL should maintain all appliances in working order.
Paintpot - you wrote "My understanding is that the landlord can write into the contract whatever the landlord the likes but this does not override the law which is that if the landlord supplies it the landlord fixes it". I am not aware of such a law, if you know it exists please point me in the right direction.
I have been told recently by a LA that by law a L/L has to supply hot water and if the boiler fails or whatever and there is no hot water at the property this would be an emergency, ie phoning L/L or LA at the weekend, evening, Chirstmas Day etc, but they are under no obligation to supply heating, I know this makes no sense and maybe it is just one of those things LAs tell you. Perhaps because if the central heating stops working you could go and buy an electric fire and plug it in to tide you over.
I am not a tenant this was mentioned to me in the course of my workLoretta0
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