Advice needed re tenents

vicky_kidder

Hi, I was wondering if someone could give me some advice. Someone I know recently began renting a house out to some new tenents. It was an unfurnished rent, and washing machine and dryer were not initially meant to be included. Near the time of moving in, the new tenents said they had agreed on the price thinking that washing machine and dryer were included. So the LL asked the tenents who were leaving the house if they could buy the machines off them to leave in the house for the new tenents. They were relatively new, had only been bought 4 months previously by the old tenents.

Fast forward only two months into the new tenents contract and they have texted the LL saying that the door keeps opening on the washing machine and can they (the LL) get it fixed.

In the contract that was signed it was stated that major works were the responsibility of the LL and that everything else was the responsibility of the tenent.

So who is responsible for hte opening door on the washing machine, and should the LL pay for someone to fix it?

Thank you for any help anyone can offer!!!

clutton_2

if the new tenants bought the washing machine off the old tenants - then it is the new tenants problem as it is their property - not the LLs

tbs624

So *the LL* bought the white goods off the former tenants, and therefore he owns them, and he supplied them to the new/current tenant?

Regardless of the age of the white goods, did your LL friend get them checked out by an electrician as they were not new to him?

Did s/he leave the instruction booklets for the tenants?

Your friend needs to know that a LL can put what s/he likes in a tenancy agreement but it doesn't mean that the clause will stand up.

If he wanted to pass on responsibility for maintaining the goods in safe working order , then he should have put the two sets of tenants in touch with one another so that that the new tenants became the owners of the goods.

Alternatively , he could have signed ownership of the goods over to the new tenants from the start & they would be responsible for the maintenance, and also free to take the goods when they move on to another property.

.

vicky_kidder

tbs624 wrote: »

So *the LL* bought the white goods off the former tenants, and therefore he owns them, and he supplied them to the new/current tenant?

Regardless of the age of the white goods, did your LL friend get them checked out by an electrician as they were not new to him?

Did s/he leave the instruction booklets for the tenants?

Your friend needs to know that a LL can put what s/he likes in a tenancy agreement but it doesn't mean that the clause will stand up.

If he wanted to pass on responsibility for maintaining the goods in safe working order , then he should have put the two sets of tenants in touch with one another so that that the new tenants became the owners of the goods.

Alternatively , he could have signed ownership of the goods over to the new tenants from the start & they would be responsible for the maintenance, and also free to take the goods when they move on to another property.

.

Yes they did get an electrician to look at it and they did get given both the instruction booklets. So do you think it is the LL's responsibility then? And the tenents should have to leave them both when they move out?

lil_miss_17

Who do they actually belong to? The LL or the tenant?

If the LL:

The LL is responsible for their maintenance and the appliances must be left at the property when the tenants leave (otherwise it is theft)

If the tenants:

The LL has no responsibility whatsoever and the tenants can take them when they leave (although they don't actually have to!). If the tenants own them then it's just like as if they weren't renting. Their responsibility

ClareEmily

The LL bought them for his property so they should be left when the tenants leave, but I'm afraid it is your friend's responsibility to fix them if they go wrong. It would be different if the tenants themselves had bought them.

We have the same kind of arrangement, our flat is unfurnished and when we moved in it had no washing machine, we had a little moan and the LL bought us a new one, but as we will leave it when we move out it is his responsibility to fix it for us.

We purchased a tumble dryer ourselves and that is down to us.

Hope this helps

tbs624

vicky_kidder wrote: »

Yes they did get an electrician to look at it and they did get given both the instruction booklets. So do you think it is the LL's responsibility then? And the tenents should have to leave them both when they move out?

He bought them , he owns them , he supplied them, therefore he is responsible. The tenants could arrange to buy them off him when the tenancy expires and take them with them when they go but why would they want to do that *during* a tenancy when the LL has to be responsible for repair & maintenance?

vicky_kidder

Thank you everyone for your advice - I will pass it all on!

lil_miss_17

And, sorry, but it's tenAnts, not tenents

guppy

Surely the LL can only be held responsible for the white goods if they are mentioned in the contract?

Since they're not fixtures and part of the property, surely they wouldn't be covered under the landlord's statutory obligation to repiar the house itself?

Anyone able to shed some legal light on this, beyond opinion?

vicky_kidder

lil_miss_17 wrote: »

And, sorry, but it's tenAnts, not tenents

THanks for that, didn't bother to do my spell check as didn't think spellings would be that big of a deal.

My bad!