Tenency Agreeent question

janey_uk

I'm about to rent, and the agency have sent a contract which states that the Landlord will repair problems with essential services (heating, hot water etc) but that he will not repair or replace other items in the property. The house is unfurnished but has an integrated kitchen and utility room with appliances.

It says "Have the use of all appliances provided in the Property, as laid out in the inventory save those which are noted as not working. However, should any items require repair, or be beyond repair, the Landlord does not undertake to
pay for any costs of repair or to replace the appliance, except those which the Landlord is required by law to maintain. "

Am I right to be concerned about this clause? The house is not a cheap rental - can I reasonably expect that the product provided at the start of the agreement be maintained the same?

Any advice appreciated!

Premier_2

If the item is marked on the inventory as not working, it's not working.

You will be expected to return the item at the end of the tenancy in the same condition (fair wear & tear excepted)

The LL is under no obligation to repair items, except where there is a statutory obligation to do so, which the terms allow for.

If you don't like the property as supplied, look for another.


If an item provided is not marked as non-working, then you should expect it to be repaired or replaced should it fail during the tenancy (assuming you didn't cause it to fail)

janey_uk

Premier wrote: »

If the item is marked on the inventory as not working, it's not working.

Yes, I appreciate this.

You will be expected to return the item at the end of the tenancy in the same condition (fair wear & tear excepted)

The LL is under no obligation to repair items, except where there is a statutory obligation to do so, which the terms allow for.

This is my problem. If expensive integrated appliances pack in when I have lived there two weeks, according to this clause the LL does not have to repair them, and I do have to repair them in order to return the property in the same condition.

If you don't like the property as supplied, look for another.
Thanks for the advice, however I was really just looking for whether the specific clause was common/normal, not an ultimatum on my entire circumstances.

If an item provided is not marked as non-working, then you should expect it to be repaired or replaced should it fail during the tenancy (assuming you didn't cause it to fail)

That's the exact opposite of what is quoted which is why I am concerned. ("however, should any items require repair, or be beyond repair, the Landlord does not undertake to pay for any costs of repair or to replace the appliance"). I can't just expect something if the contract explicitly states it can't happen.

MX5huggy

I think you have tobe realistic the LL is not going to fix broken appliances the contract clearly states that, he may have a legal obligation to, but why take the risk of having to fight him to get things fixed.

Either execpt the risk, get the contract changed or move on.

We know the LL could not have a contract that said gas certs will not be provided.

Premier_2

janey_uk wrote: »

That's the exact opposite of what is quoted which is why I am concerned. ("however, should any items require repair, or be beyond repair, the Landlord does not undertake to pay for any costs of repair or to replace the appliance"). I can't just expect something if the contract explicitly states it can't happen.

I believe that relates to the earlier part of the clause i.e. items in the property but which are marked as non-working on the inventory.

Either accept the risk, ask for it to be ammended/clarified or simply find somewhere else

Debt_Free_Chick

janey_uk wrote: »

That's the exact opposite of what is quoted which is why I am concerned. ("however, should any items require repair, or be beyond repair, the Landlord does not undertake to pay for any costs of repair or to replace the appliance"

That's not what you originally posted, which is here

It says "Have the use of all appliances provided in the Property, as laid out in the inventory save those which are noted as not working. However, should any items require repair, or be beyond repair, the Landlord does not undertake to pay for any costs of repair or to replace the appliance, except those which the Landlord is required by law to maintain. "

The key words are "except those which the Landlord is required by law to maintain".

The LL is telling you that he/she will repair where he/she is required to do so, but no more.

This doesn't mean that the LL is not going to repair - just that they are not required to do so.

Contracts usually state the minimum obligations, but not the "added extras" as to do so would make them a contractual obligation.

Perhaps a conversation with the LL would help here? Or find another property - but don't expect the contract to be more accommodating to your needs/wishes

barnaby-bear

janey_uk wrote: »

I'm about to rent, and the agency have sent a contract which states that the Landlord will repair problems with essential services (heating, hot water etc) but that he will not repair or replace other items in the property. The house is unfurnished but has an integrated kitchen and utility room with appliances.

It says "Have the use of all appliances provided in the Property, as laid out in the inventory save those which are noted as not working. However, should any items require repair, or be beyond repair, the Landlord does not undertake to
pay for any costs of repair or to replace the appliance, except those which the Landlord is required by law to maintain. "

Am I right to be concerned about this clause? The house is not a cheap rental - can I reasonably expect that the product provided at the start of the agreement be maintained the same?

Any advice appreciated!

Basically if the dishwasher / washing machine / fridge goes he's saying he won't fix it.... not sure if he's allowed not to fix a cooker but could be that too (is there room for a freestanding fridge or oven if they broke?) - if it isn't cheap and you are renting for the appliances either ask for that clause to be struck out or find somewhere else. Sounds like amature LL has bought property with integrated appliances but has no intention of maintaining them and if you are renting for those appliances and don't want to risk having to buy a fridge/washing machine etc (and find room to put it - which with broken integrated apppliances could be near impossible) then walk away stating reasons clearly it'll be less hassle than trying to fit a washing machine in a kitchen with no space for one... or paying to fix his appliances for him

poppysarah

If they are integrated they are his problem.

janey_uk

Ok, thanks folks.