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Is the cost of repair on me or my landlord?
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# 1
gingbeard
Old 10-06-2010, 2:16 PM
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Thumbs down 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
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# 2
mrcol1000
Old 10-06-2010, 2:26 PM
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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.
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# 3
Wee Willy Harris
Old 10-06-2010, 2:27 PM
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Is there a bath there you can use?
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# 4
gingbeard
Old 10-06-2010, 2:46 PM
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Quote:
Originally Posted by Wee Willy Harris View Post
Is there a bath there you can use?
Yes, There is a bath
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# 5
princeofpounds
Old 10-06-2010, 2:47 PM
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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.
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# 6
Wee Willy Harris
Old 10-06-2010, 2:48 PM
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Then the LL has provided the minimum washing facilities he has to.
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# 7
gingbeard
Old 10-06-2010, 3:00 PM
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Quote:
Originally Posted by princeofpounds View Post
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?
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# 8
poppysarah
Old 10-06-2010, 3:14 PM
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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.
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# 9
carolt
Old 10-06-2010, 3:35 PM
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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.
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# 10
Niv
Old 10-06-2010, 3:43 PM
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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.
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# 11
gingbeard
Old 10-06-2010, 4:00 PM
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Quote:
Originally Posted by Niv View Post
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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# 12
princeofpounds
Old 10-06-2010, 4:02 PM
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Quote:
a shower is clearly part of the fixtures and is the landlord's responsibility
To be honest, I don't know if a shower counts as an appliance or a fixture. I had been treating it as an appliance as it is a separate electric unit, which is not section 11 and can be contracted out of, but if it is not then it is the landlords section 11 reponsibility to repair after all.
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# 13
GEEGEE8
Old 10-06-2010, 4:05 PM
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My landlady replaced my shower when it broke, cheapest Argos one, does the job fine and I believe it was done very quickly whilst i was out at work.

30 argos shower, plus whatever a tradesman will charge to fit it.
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# 14
carolt
Old 10-06-2010, 4:20 PM
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Quote:
Originally Posted by princeofpounds View Post
To be honest, I don't know if a shower counts as an appliance or a fixture. I had been treating it as an appliance as it is a separate electric unit, which is not section 11 and can be contracted out of, but if it is not then it is the landlords section 11 reponsibility to repair after all.
Of course it's a fixture - unless it's one of those plastic tuby ones you slip over the taps that cost a few quid - as it is fixed. You couldn't just pick it up and walk off with it like a microwave, say. It's as fixed as the bath is fixed, or the curtain rail is fixed, or the light fitting is fixed. It's plumbed in and probably wired in too! How much more fixed (ie a fixture!) can it be?!
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# 15
gingbeard
Old 10-06-2010, 4:45 PM
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Well, my LA have replied to my email telling me that as it is tenant maintained, it could have broken years ago, and there is nothing they can/will do
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# 16
all_change
Old 10-06-2010, 4:57 PM
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Default Just a thought...

In case this is of some use, was the shower listed inthe details for the property when you looked round?
Was it mentioned at all when you viewed it?
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# 17
gingbeard
Old 10-06-2010, 5:01 PM
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Quote:
Originally Posted by all_change View Post
In case this is of some use, was the shower listed inthe details for the property when you looked round?
Was it mentioned at all when you viewed it?
I wish I could remember - obviously the listing has now been removed from the site... So I cannot check
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# 18
epsilondraconis
Old 10-06-2010, 5:08 PM
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Gingbeard, if your LA is close by, perhaps you should pay them a visit 30 minutes before they close and tell them you'll wait until they have addressed the problem to your satisfaction. Then just sit there.
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# 19
all_change
Old 10-06-2010, 5:10 PM
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Quote:
Originally Posted by gingbeard View Post
I wish I could remember - obviously the listing has now been removed from the site... So I cannot check
I guessed as much, sorry.
I imagine the LA won't be inclined to co-operate even if they hold a copy (e.g. in case they need to re-let the property).
Perhaps worth a quick check on right move or even google just in case there's something still loitering on the internet that hasn't been updated...
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# 20
Tixy
Old 10-06-2010, 5:18 PM
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Gilbert we are not idiots
your spam will bring you no joy no one will click on your stupid links - your posts are going as quick as you put them up.....
A smile enriches those who receive without making poorer those who give
or "It costs nowt to be nice"
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