Broken washing machine LL responsible

Person_one

gingerwhinger wrote: »

Sorry but that's just gross. You wash your bath towels less than once per week?:eek:

You wouldn't want to stay with me if you think that's gross. :rotfl:

sequence

princeofpounds wrote: »

Sorry G_M, on this occasion I really have to disagree with you about the LL responsibility.

This canard about the LL having no liability unless the machine is in the contract has popped up a few times on this board in recent months, but it's the wrong way to interpret the law.

Whilst you are correct to say there is no section 11 obligation, that does not mean there is no obligation, just that the obligation does not fall under section 11.

The courts have held time and again that a LL who supplies appliances is, through his actions (which courts use as much as paper documents when establishing contractual commitments) implying an contractual obligation to maintain such services/appliances.

Do you know what happens when the machine breaks and the LL has opted out of repairs, could the LL potentially deduct from the deposit for "repairs" at the end of the tenancy ?

G_M

princeofpounds wrote: »

I should add, unlike the section 11 obligations it is possible for a LL to contract out of appliance repairs, but this has to be *explicitly* made clear to the tenant, it cannot be a sin of omission as the court would hold it formed part of the contract. This is so the tenant is very clear the appliance cannot be 'relied upon' and you do not end up with a situation where a property is rented under a misrepresentation that appliances are available and they then do not work or are taken away.

Thanks Prince - I picked this up ftom a thread on the topic on lanlordzone - usually a reliable source.

Wee_Willy_Harris

.........No

poppysarah

sequence wrote: »

Do you know what happens when the machine breaks and the LL has opted out of repairs, could the LL potentially deduct from the deposit for "repairs" at the end of the tenancy ?

http://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/RentingAHome/DG_4001394
Electrical safety

By law, your landlord must make sure that the electrical system and any electrical appliances supplied with the let, like washing machines and toasters, are safe to use. Your landlord must make sure electrical wiring and appliances are maintained in a safe condition for the length of the tenancy.
If your landlord supplies new appliances, he or she should also provide any accompanying instruction booklets.




If he's not going to fix it then ask him to remove it and buy/rent your own.

Wee_Willy_Harris

I don't think anyone is saying it isn't safe, just that it isn't working!

spike2012

True, but a good idea to check on that also... Thanks for all the advice.

Also, regarding towels, We do more washing of towels then I had thought, By using each towel twice, I, Myself would use at least 5 towels a week, as I can have 2 showers per day - before and after work, especially in the summer if you know what I mean :P

Spike

franklee

sequence wrote: »

Do you know what happens when the machine breaks and the LL has opted out of repairs, could the LL potentially deduct from the deposit for "repairs" at the end of the tenancy ?

I don't think the landlord opting out of repairs automatically means the tenant is opted in, more like the item will be left not repaired, or perhaps removed by the LL depending on the agreement, and the tenant then supply their own. Unless the tenant especially signs up to be responsible for the repairs which seems daft as the tenant doesn't know how clapped out the machines are to start with. A tenant should check this carefully and if it doubt get it clarified in writing before signing up.

Really I think the landlord opting out limits the tenants he can get as it's a pain for the tenant to lug appliances round with them that may not fit the gaps in every rental kitchen they come across especially with the current fashions of having everything built in various different arrangements. Whereas the landlord knows what gaps he has in his kitchen and will at least know the items are properly wired and plumbed if he does them. Appliances are reasonably cheap these days especially when compared to rent.