Can anyone advise on this inventory item the landloard says isn't included?

mr_fishbulb

Hi all,

At my girlfriend's work she finds rental accomodation for people moving to this country with their work (expats). She's had an issue come up and I was wondering if anyone can give advise (I'm taking an interest in it as my job isn't very interesting ).

Basically the house was found through an agent, who does the initial finding of the property but not the management - that's done through the landlord.

When the client walked around the house for a viewing with the agent there was a TV in the house. The client asked the agent if the TV was included and they said yes.

The inventory was completed by a private inventory firm and it included the TV.

The rental agrement was signed and the client moved in. Only to find that the oven and the TV weren't working. He phoned the landlord who sent someone round to fix the oven but said the TV wasn't included in the rental as it wasn't the landlord's and it must have been left there by the previous tennants (they probably left it becuase it's broken).

My girlfriend phoned up the landlord and the agent who are both denying responsability to get the TV fixed, even though it is on the inventory. Plus the legal department at my girlfriend's work say the landlord might have a case as it is not their property.

Has anyone had anything like this happen before? I was under the impression that if it was in the inventory then it was included in the rental agreement and the landlord should be responsible for ensuring it is fixed. But I don't have a legal background so that's an assumption.

Can anyone shed any light on it? Cheers.

waster_2

If the TV is on the inventory then it is part of the Rental Agreement. Whther the landord bought the TV or it was left by the last tenant is irrelevant and not the new tenants problem. They have rented a property that was represented as having a TV and is included on the inventory. It is like renting a furnished property and then after all the paperwork is completed turning up and finding that there is no furniture in the property.

So basically, assuming the lease does not contradict, the landlord is responsible for either having the TV repaired or providing another equivalent TV to replace it. If the landlord's letting agent or the inventory company have misrepresented what was being left, then that is something the landlord needs to take up and resolve with them as his agents. It is not the tenants problem to resolve issues between landlord and agent.

If the landlord will not discharge his obligations then the tenanat needs to write (I suggest registered or recorded delivery) to the landlord giving him a reasonable time (say 14 days) to either repair or replace the TV. Go on to say that if this is not domne then a new TV will be bought to a similar specification as the broken one and the cost will be witheld from the amount due as the next rental payment. However, in the first instant I would try and settle this amicably as landlord and tenant disputes are not what you really want. But neither do you want an unreasonable intransigent landlord.

nmiah786

Might be stupid of me but should the inventory not state whether the tv is working or not!

I dont know as I dont provide TVs for places that I rent out. It would mean paying for a TV licence as well!!!!!

AFAIK If something is included in the inventory surely it should also state the condition of it!!!

mr_fishbulb

Cheers guys. I'll ask her how it's going.

Pal

waster wrote:

If the landlord will not discharge his obligations then the tenanat needs to write (I suggest registered or recorded delivery) to the landlord giving him a reasonable time (say 14 days) to either repair or replace the TV. Go on to say that if this is not domne then a new TV will be bought to a similar specification as the broken one and the cost will be witheld from the amount due as the next rental payment. However, in the first instant I would try and settle this amicably as landlord and tenant disputes are not what you really want. But neither do you want an unreasonable intransigent landlord.

Withholding rent is breach of contract, and you could find yourself in court and/or evicted very quickly and having to meet the landlords costs. Tenants should never withhold rent as it basically throws all your legal rights out of the window.

Loretta

Inventories often say about electrical equipment, not tested

mr_fishbulb

I asked her how it was going and she said the tennant hasn't contacted her again, so she's hoping he got the TV working (when the guy came to fix the oven he found it wasn't plugged in!).

nmiah786

mr_fishbulb wrote:

I asked her how it was going and she said the tennant hasn't contacted her again, so she's hoping he got the TV working (when the guy came to fix the oven he found it wasn't plugged in!).

:rotfl: Wow.....that is a classic!!!

waster_2

mr_fishbulb wrote:

I asked her how it was going and she said the tennant hasn't contacted her again, so she's hoping he got the TV working (when the guy came to fix the oven he found it wasn't plugged in!).

What's an unplugged oven got to do with the TV not working!!!! :rotfl:

pal wrote:

Withholding rent is breach of contract, and you could find yourself in court and/or evicted very quickly and having to meet the landlords costs. Tenants should never withhold rent as it basically throws all your legal rights out of the window.

Set off is not a breach of contract, especially when you have given the defaulting party ample opportunity and notice to remedy their breach. For a contract to be valid there needs to be, amongst other things, Due Performance and Consideration. In this case the Consideration is the rent and the Due Performance is the provison of the property including everything detailed within the inventory. It is the Landlord who is already in breach and the tenant, as long as they act reasonably, are entitled to take action to ensure that their situation is not prejudiced. However, this is under Contract Law and not Landlord and Tenant Law which is often different. I am not an expert on Landlord and Tenant law and agree that normally witholding rent is not to be advised but then a tenant does have rights and, I believe, one is the right to withold rent and make good any detrimental conditions being suffered. However, hopefully that problem has been solved by the plug being put in the socket. Funny kind of person who does not check the plug is in, even abroad they still need to plug their TV's in, don't they?

mr_fishbulb

waster wrote:

What's an unplugged oven got to do with the TV not working!!!! :rotfl:

Becuase he didn't check the oven was plugged in before he phoned the landlord to get it fixed. Same might have happened with the TV.

Some people eh? They make it all the way to another country and can't even work an electrical appliance