Landlord refusing to replace washing machine

feelinggood_2

I've had a long running battle with the landlord to get anything fixed. Rent through a lettings agent, but he has to authorise any repairs or replacements.

Currently he is refusing to replace or repair the broken washer/dryer. He says that as we haven't taken good care of the two he provided (first one was about 10 years old, broke. Second was a budget replacement and is three years old) that we can now provide our own. Washer/dryer is listed in the inventory and lettings agent has told him he has to repair or replace, but he is refusing. Normally we just keep arguing it out till he gives in (9 months for TV replacement, 7 months for fence replacement) but as we have a baby, we really can't do without a washing machine.

First time I've rented, and I can't get through to the CAB, so wondered if there was anywhere else I could go for advice, or what I can do to resolve the situation.

I have no contact with landlord, he is in America, and lettings agent is trying to fight our corner, but unsuccessfully.

Dr.Shoe_2

Get one and deduct it from the rent.

poppysarah

Ask the letting agent to find you a new place to live.

N79

Honestly I do not understand the mentality of LL's like this. Washing machines now only cost about GBP100. - less than GBP40 per year.

I agree that your best bet longer term is probably to find a better LL.

Short term you can try to push the issue by writing to the LL, via the agents, and tell him that if he does not replace the washing machine in 2 weeks you will buy a new one and deduct the cost from the rent.

If you still have no joy then after 2 weeks get quotations for 3 washing machines and send them with a letter to the agent saying that if you do not hear within 1 week you will buy the cheapest and withhold the rent.

If still no joy then go and buy a new machine.

However, please note that doing the above will leave you liable to a retaliatory eviction by your LL either at the end of you current fixed period or, if you are on a monthly tenancy, following 2 months notice. Only you can decided whether to take this risk.

G_M

Unless the Tenancy Agreement makes express provision, the LL does not need to repair a washing machine. Read the underlined part of s.11(1) (Landlord and Tenant Act 1985) below:

Repairing obligations in short leases.

In a lease to which this section applies there is implied a covenant by the lessor:
(a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b) to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and 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 installations in the dwelling-house for space heating and heating water.

So unless the lease specifically states the LL will repair, maintain, replace the washing machine, he doesn't have to. However many LLs do not know this.

Or they know it, but like me repair/replace anyway as part of good maintenance, good management, and good LL/tenant relations.

N79

G_M wrote: »

Unless the Tenancy Agreement makes express provision, the LL does not need to repair a washing machine. Read the underlined part of s.11(1) (Landlord and Tenant Act 1985) below:

Repairing obligations in short leases.

In a lease to which this section applies there is implied a covenant by the lessor:
(a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b) to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and 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 installations in the dwelling-house for space heating and heating water.

So unless the lease specifically states the LL will repair, maintain, replace the washing machine, he doesn't have to. However many LLs do not know this.

Or they know it, but like me repair/replace anyway as part of good maintenance, good management, and good LL/tenant relations.

True enough but in this case the LL has already undertaken repairs of the washing machine and the agent has admitted that the LL has a duty to repair / replace - a duty I assumed comes from the lease.

However, you are right that that is an assumption on my part.

BitterAndTwisted

I dunno, if I was in a similar situation with an intransigent landlord I'd be inclined to bite the bullet and pay for the repair myself so I wouldn't have to manage without a machine especially if I had a child.

G_M

the agent has admitted that the LL has a duty to repair / replace - a duty I assumed comes from the lease.

Or from ignorance. Many agents as well as LLs do not know the law well, and have a belief that 'if it's listed in the inventory we have to maintain it'.

It's really shocking how ill-informed some agents are (no offence to professional, ARLA etc-registered, agents here!)

no_fat_chicks

Refuse to pay the rent.

poppysarah

If it's his washer it should also have a yearly PAT test (Where it gets a green sticker) ...?

scrummy_mummy_2

no_fat_chicks wrote: »

Refuse to pay the rent.

Perhaps you could ask the LL for directions to the court as well....advice that tells you to withold rent is ridiculous and is a sure fire way to get you evicted. You have a child and that last thing you need is to be evicted and thus make yourself intentionally homeless. Rent is rent..pay it. If another agreement for recompense/compensation for whatever reason is reached between you and the LL then that is an entirely separate issue.

Do not assume the LL is being obstructive on purpose....The LL may not want to be tricky...you say he is overseas and thus choosing/ordering/paying for/getting a machine delivered may cause him loads of hassle and be very difficult, particularly if he has taken on an agent to manage the property, this might be why he objects and takes his time...perhaps you should try to get to the bottom of his issue and understand the problems/issues he may face, it may not be a cost based objection on his part, rather a logistics issue. Could you offer to do the leg work so that all he has to do is reimburse you for it?
He may also not trust the agent and be untrusting of their recommendation that another machine is actually needed or to obtain a decent/cost effective machine on his behalf (who knows if they will cream off a little bit of profit...they'll probably charge him for their time to source and replace it too!)

Unless you have spoken to him direct and he has directly told you it's your problem, you are engaging in chinese whispers through the agent as to your LLs motivation.

See if you can speak to him directly.