Washing Machine - whose responsibility?

bishops_2

Hi,

I wonder if somebody could advise. Does a landlord have a legal obligation to repair a faulty washing machine? I was of the view that the landlord is responsible for repair of white goods listed in the inventory; however, the lease has a clause stating our obligation:

"To keep in good and complete repair and condition the interior of the property and the fixtures and appliances therein (except installations and things which the Landlord is liable hereunder or by law to repair)".

Would appreciate views on where we stand with this.


Thanks in advance.

sarahevie

I've rented previously and the landlord has always maintained white goods.

I'm also a landlord (albeit a furnished one) yet again when the washing machine broke it was my responsibility. I asked my dad who has been a landlord for 11 years and he's always taken it as his responsibility for white goods (he lets unfurnished).

I'd call the landlord and ask, seems quickest and easiest.

I read the clause that it is the landlords responsibility.

Yorkie1

I agree with sarahevie that the best thing to do is to call the LL and see what they say. I read the clause the other way round, though. Your obligation includes to keep in good repair the appliances (which I would take to include the w/m).

olly300

Depending on what is stated in the contract determines who is responsible for repairing it. There is no law that states it's the landlord's responsibility it depends what is agreed.

Landlords who take on the responsibilities for repairs and removal of broken white goods do so because they don't want any problems with the tenant not repairing things properly or dumping stuff illegally.

G_M

It is unclear from your quote if that section of the AST describes tenant or landlord obligation! I am guessing tenant?

If so your tenancy agreement states that the tenant is responsible for repairing the washing machine, so then he is.

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 there is no statutory obligation on the LL to repair a washing machine. And since the the lease specifically states the tenant should repair, the LL does not have to.

However most LLs repair/replace anyway as part of good maintenance, good management, and good LL/tenant relations.

bishops_2

Thanks Sarah. I thought that it was a landlord's obligation, but just wanted to check on whether that particular clause changed anything.

Landlord has pointed to this clause and said that repair is our obligation.

There is slightly more to it than that though, as they are gently trying to persuade us to end our lease early (but have not yet defined how early), in order that they can move back to the house. It gets more complicated, I won't bore you with the detail.

Thanks again.

N79

bishops wrote: »

Hi,

I wonder if somebody could advise. Does a landlord have a legal obligation to repair a faulty washing machine?

No they do not

I was of the view that the landlord is responsible for repair of white goods listed in the inventory;

If the contract is silent on the matter than that would always be the starting assumption for determining where responsibility lies, ie LL's maching LL to fix. However, the LL is entitled to contract out these repairs to the T by placing a clear clause in the contract placing an obligation to repair appliance on the T (gas ovens are a different matter). In your case

however, the lease has a clause stating our obligation:

"To keep in good and complete repair and condition the interior of the property and the fixtures and appliances therein (except installations and things which the Landlord is liable hereunder or by law to repair)".

Would appreciate views on where we stand with this.

so it would appear that you have an obligation to repair the appliances. However, you may as well ask the LL to repair / replace - they may be willing to do so to keep you happy.

bishops_2

Many thanks for all of the responses. Seems pretty clear that the onus is on us to undertake this.

Shelter also offer the following advice:

If your landlord supplies electrical appliances such as a fridge or washing machine, they may be responsible for fixing them if they break down. However much will depend on what was agreed between you at the outset of the tenancy, and how important the item was to you when you decided to take up the tenancy. If you have a tenancy agreement check to see if it says whether the landlord is responsible. You are responsible for maintaining any electrical goods that you own.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/furniture_and_equipment

Oh well, live and learn.

Thanks again.

heather_rose

A very pertinent mail from my perspective.

We have a similar clause in our contract, so were under no illusions about responsibility to maintain. However, it seems as if our machine has completely given up the ghost. A plumber has advised that repair is not cost effective.

In this position, am I responsible for replacing the machine?

Our contract is up at the end of this month, hence I am hoping that the answer is no!

N79

heather_rose wrote: »

A very pertinent mail from my perspective.

We have a similar clause in our contract, so were under no illusions about responsibility to maintain. However, it seems as if our machine has completely given up the ghost. A plumber has advised that repair is not cost effective.

In this position, am I responsible for replacing the machine?

Our contract is up at the end of this month, hence I am hoping that the answer is no!

Technically yes you are. However, the LL has no right to betterment so if the machine was 10 years old when it broke then you will fulfil your obligations by replacing it with a working 10 year old machine.

There is no obligation to buy a brand new washine machine as the replacement.

For this reason you may find that the LL is happy to pay for the cost of replacement themselves as then they can market the property with a nice shiny new machine. Your first action should be to discuss with the matter with your LL.

tbs624

Had the washing machine been checked prior to you moving in?