Rental question: What constitutes negligence or misuse?

ModernSlave

We have a clause in our agreement stating that 'the Tenant shall pay to the Landlord the cost of any repairs resulting from misuse or negligence by the Tenant'.

We are being quoted this clause by the managing agents as a reason for the Landlord not to pay for the fixing of the washing machine handle.

The washing machine is old and has already broken once (we've been in one month) and had to be repaired (worn out part replaced). The repairer told us it was a first generation washer/dryer (so it's old).

I tried to open the door (without any undue wrenching) this week and it just came off in myhand.

Now, please could I have opinions if this is considered 'misuse or negligence' or normal wear and tear and if I should pay or insist that the landlord does?

All comments welcome.

I should also add that after chasing the agents several times we still have not received a fully executed copy of the agreement and we still haven't seen an inventory.

Thanks

Premier_2

If the handle was replaced with a new part and you broke that too, then it sounds like misuse/negligence unless you have evidence that a faulty replacement part was fitted.

ModernSlave

Premier wrote: »

If the handle was replaced with a new part and you broke that too, then it sounds like misuse/negligence unless you have evidence that a faulty replacement part was fitted.

hi

The door handle wasn't replaced before - it was a part that stops the door from opening when running.

It actually sprang open when we were upstairs and flooded the kitchen because the water kept pumping out while the door was open.

mlz1413

Who paid for the first repair and what was the repair? As a machine gets old it is likely to break but its going to be hard for either party to 'prove' how much force was needed / used on something like a handle. I'd still tend to say your LL is being unreasonable if the w/m is that old.

First you need to find out if the w/m on the inventory? If not you can bin the one you have put in your own and take it with you when you go. If it is on the inventory then the LL has a responsibility to ensure its fit for purpose.

If you agents are that useless is your deposit protected? I'd also put your complaints in writing to the LA and the LL allow approx 2 weeks for a reply and then keep on at them.

angrypirate

If the washing machine is more than 4 / 5 years old then he is being completely unreasonable. There lifespan nowadays isnt much more then the gaurantee

ModernSlave

mlz1413 wrote: »

Who paid for the first repair and what was the repair? As a machine gets old it is likely to break but its going to be hard for either party to 'prove' how much force was needed / used on something like a handle. I'd still tend to say your LL is being unreasonable if the w/m is that old.

First you need to find out if the w/m on the inventory? If not you can bin the one you have put in your own and take it with you when you go. If it is on the inventory then the LL has a responsibility to ensure its fit for purpose.

If you agents are that useless is your deposit protected? I'd also put your complaints in writing to the LA and the LL allow approx 2 weeks for a reply and then keep on at them.

Hi

The landlord paid for the first repair (the broken lock mechanism). I think he's quite lucky we were home to stop the water flooding through the ceiling to the flat downstairs.

We haven't been given an inventory by the management agents.

The deposit is protected because we received a letter from them giving us the name of the deposit scheme it's with (the agents are Foxtons).

Thanks - I've asked them to call me back a couple of hours ago but so far nothing.

sooz

Why am I not suprised when you named the agent

Totally off topic - With the letter about the deposit scheme, did you give you any more information? You should have had about 2 pages of 'prescribed information' (not just the name of the scheme) AND the full terms and conditions of the scheme.

You should have an inventory. I wouldn't bother persuing this now, as it will work in your favour when you move out. I hope you took lots of photos when you moved in.

As for the machine, the problem is that when a handle comes off, it is normally the user's(in this case the tenant's) fault. All machines have a lock to stop the door opening mid cycle, & you have to wait about 2 mins for the lock to be deactivated before you can open the door. If you try before it's clicked the lock off, the handle breaks. It's about £75 to have this replaced by an engineer, if you can't do it yourself.

However, in your case if the door lock mechanism had recently failed & been replaced, I'd question if it was indeed your fault. But, rather than try to argue with Foxtons, & then pay their overinflated 'management' charges to have the handle replaced, have a look on ukwhitegoods.co.uk - you may be able to get a new handle and fit it yourself for a few quid.

ModernSlave

sooz wrote: »

Why am I not suprised when you named the agent

Totally off topic - With the letter about the deposit scheme, did you give you any more information? You should have had about 2 pages of 'prescribed information' (not just the name of the scheme) AND the full terms and conditions of the scheme.

You should have an inventory. I wouldn't bother persuing this now, as it will work in your favour when you move out. I hope you took lots of photos when you moved in.

As for the machine, the problem is that when a handle comes off, it is normally the user's(in this case the tenant's) fault. All machines have a lock to stop the door opening mid cycle, & you have to wait about 2 mins for the lock to be deactivated before you can open the door. If you try before it's clicked the lock off, the handle breaks. It's about £75 to have this replaced by an engineer, if you can't do it yourself.

However, in your case if the door lock mechanism had recently failed & been replaced, I'd question if it was indeed your fault. But, rather than try to argue with Foxtons, & then pay their overinflated 'management' charges to have the handle replaced, have a look on ukwhitegoods.co.uk - you may be able to get a new handle and fit it yourself for a few quid.

Hi Sooz

Foxton's was very good at getting us in to sign the agreement - pity about not giving us a fully executed copy. £375 we paid and I'm not sure they're worth the money (but we do like the flat, at least).

The letter didn't give much info, just one page and asked us to sign and return confirmation that we received it on the other page.

My suspicious nature came out when we moved in and I took lots of photos of all the dodgy nails in the walls and so on.

As Foxton's didn't call me back yesterday (surprise, surprise) I called another person in their management team who got the machine fixed last time. She said we wouldn't have to pay as the machine is old and obviously starting to fall apart.

I'm not holding my breath tho, as they're the kind of company that says one thing and does another.

sooz

ModernSlave wrote: »

Hi Sooz

Foxton's was very good at getting us in to sign the agreement - pity about not giving us a fully executed copy. £375 we paid and I'm not sure they're worth the money (but we do like the flat, at least).

I think they need to re-run that programme. Obviously people have forgotten how Foxton's operate . I guess you've been made to sign a 12 month tenancy with no break clause, & there will be another hefty charge when you want to renew.

The letter didn't give much info, just one page and asked us to sign and return confirmation that we received it on the other page.

Then they have not complied with the law. Search Foxtons on here to see what they should have sent you. If you feel so inclined, you could try to take them to court for 3 times your deposit as a penalty. You may or may not win.

My suspicious nature came out when we moved in and I took lots of photos of all the dodgy nails in the walls and so on.

Good. Keep those pictures safe. You will need them when you move out.

As Foxton's didn't call me back yesterday (surprise, surprise) I called another person in their management team who got the machine fixed last time. She said we wouldn't have to pay as the machine is old and obviously starting to fall apart.

Confirm what she said in writing with her now.

I'm not holding my breath tho, as they're the kind of company that says one thing and does another.

Yes. Confirm any conversations with them in writing