Built in appliances in rented property?

ivan_the_not-so-terrible

Who pays for replacements?

Hi,

We've been renting an unfurnished property for just 16 months and have had to repair a built in fridge freezer already. Now the dishwasher had gone wrong as well! The problem I have is that all the appliances are built in, well over five years old, and an expensive make. The letting agents say that I'm responsible for repair/replacement yet I don't see that it's fair. Ok, I wouldn't mind if the appliances were new when we moved in, but I'm damned if I'm going to replace them for new when they are clearly worn out!

I've scoured section 11 of the letting rules, as other threads mention that document (our agreement is basically a copy of that) but can find nothing that says we have to pay (or the LL for that matter). When I called the letting agent, they said we have to replace it with the same make and model ... but I can find nothing that says this, only a clause that the LL doesn't have to repair it either ....

b) to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity, and

(c) to keep in repair and proper working order the installation in the dwelling for space heating and heating water

I can live without a working dishwsher, but as we plan to move this year, can the cost of a new dishwasher be taken from my deposit?

Ivan

sequence

NO! Tell the letting to get them repaired asap it's the landlords responsibility.

G_M

The LL is responsible for maintaining all items provided with the property. The agent is talking cr*p!

Are the white goods listed in the inventory? If so, LL must fix them.

Write (don't phone) recorded delivery to the LL and copy the agent, advising that the xxx is broken and asking for it to be fixed at their earliest convenience.

If you get ignored, or turned down, come back here and tell us!

ET1976

You are only responsible for replacement/repair if you have broken the appliances other than through normal use. Otherwise it's the LL's responsibility (fair wear and tear), as they were provided with the property. The fact that the property is described as 'unfurnished' is irrelevant.

The LL could try to retain some of your deposit on the grounds that you have broken them though neglect/misuse, but I think they would find this difficult to prove at arbitration.

diable

And if you have a receipt for repair to the FF then claim that money back as well.

G_M

G_M wrote: »

The LL is responsible for maintaining all items provided with the property. The agent is talking cr*p!

Are the white goods listed in the inventory? If so, LL must fix them.

Write (don't phone) recorded delivery to the LL and copy the agent, advising that the xxx is broken and asking for it to be fixed at their earliest convenience.

If you get ignored, or turned down, come back here and tell us!

Since posting the above advice I'm now not so sure.
Read this thread on Landlordzone (where they tend to know what they're talking about!)

ET1976

Quote from that thread - white goods are only expected to last a year???!!!

What kind of tat do they produce these days? My mum still has the same appliances she had when I was living there 15 years ago!

Have to say I was unaware of that section 11 bit (wrists firmly slapped!). I just assumed they were my responsibility and provided new appliances when they were beyond repair.

Surely in this case though the T could not be expected to replace old clapped-out models with brand new ones at the end of the tenancy?

Mouseman

Well that thread on landlordzone blows a whole lot of MSE advice out of the water if it is indeed correct. <hopes and prays that current white goods last another 6 months so I don't have to find out how our situation would play out in this regard!>

ivan_the_not-so-terrible

Thanks for the advice so far.

I've just spoken to the Letting agent again (on the phone at this stage) and they will "get back to me" but say they see my point, and will have to speak to the LL. I don't hold much hope as I had the same point with the fridge, and they said it ws down to me.

As I said, it's not a case of me wanting them to repair, as it clearly states they don't have to. However, I can't see how I can be made to repair or replace either? It wasn't misuse that broke it, simply wear. It's an old (over 5 years old) good quality dishwasher and I'm pretty sure it's just the heating element that's gone. If I repair it myself, they could say I broke it, so I'm not going down that road. As it stands, it's simply worn out. According to the link posted by G-M, if I replaced it for new, that would be classed as "betterment"? I don't wish to spend £500 on a new one or even £150 or so on a repair, but I also don't want to have my deposit caught up in an argument when I leave.

Personally, if I were the LL, I'd fix it ... but maybe I'm too fair minded?

As a tenant, I'm a pretty good one I think? I always pay my rent on time (not cheap rent either!), no fuss, no bother: but there does come a time to say "you're having a laugh!" .... and this is one!

G_M

Certainly it's always been my belief as a landlord that I should repair/replace any items (from fridge to lawn-mower) that were included in the inventory - unless it was obviously the tenant who had broken them.

And whatever the law - I shall continue to follow that line as I think it's only fair.

This issue comes up regularly on the forum, and LLs/agents/solicitors here have always taken the same view and advised accordingly - that the LL is responsible for repair/replacement.

So to read the thread on Landlordzone was a surprise. Jeffrey over there is a property lawyer with a lot of experience, otherwise I'd have been tempted to question the advice.

Having said that, there is clearly some ambiguity in the law when it comes to defining 'wear & tear' etc

LuFo

I have an added page in my tenancy agreement stating that I am responsible for the repair of all appliances in the property, so I am concerned that I could be in your situation, although in my case they are not integrated (I assume you don't call a built-in oven integrated!).