No inventory

hazzie123

We are currently renting but did not get an inventory when we took on the tenancy.
We took the house which had a fitted shower but didn't actually work.Are we as tenants responsible for replacing that shower? According to our LL it is our responsibility to buy and fit a new shower.

Also the house came with a stair carpet in poor condition and vertical blinds,are we also responsible to replace those too?

RAS

No you are not responsible, but neither is the LL required to buy new carpet and blinds because you want then.

Is there a bath?

scottishblondie

Your LL is trying it on - you are not responsible to replace anything (expect perhaps for something that you break). If the shower didn't work when you moved in, it is nothing to do with you. However, as long as there is another way to wash (i.e. a bath) then the LL doesn't have to fix the shower himself or replace tatty carpets etc either. He may be hoping that you want a shower enough to fit one yourselves!

Without an inventory signed by both yourselves and the LL there is no way to prove the condition of the property when you moved in, so if at the end of the tenancy he tries to take your deposit to fix these issues, remember that he can't. Has he lodged your deposit in a protection scheme? (assumming you are in England/Wales)

hazzie123

Thank you for your replies.

We do have a bath.

If we replace shower and stair carpet when we move out of the property are we entitled to take those with us but replace the original old shower and carpet?

BitterAndTwisted

Yes, you can. But I doubt that a carpet, once taken up, could be laid again satisfactorily. Your landlord sounds like an idiot so I would tread very warily.

If the central-heating boiler failed and was beyond economical repair, do you think you would be responsible for replacing it? Hell, no!

may_fair

hazzie123 wrote: »

We are currently renting but did not get an inventory when we took on the tenancy.
We took the house which had a fitted shower but didn't actually work.Are we as tenants responsible for replacing that shower? According to our LL it is our responsibility to buy and fit a new shower.

If the tenancy is in England/Wales, LL has a legal obligation to keep the shower in working order under s.11 Landlord and Tenant Act 1985: http://www.legislation.gov.uk/ukpga/1985/70/section/11

See also the Shelter website for what you can do if LL fails to fix the shower:
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets

Also the house came with a stair carpet in poor condition and vertical blinds,are we also responsible to replace those too?

No, but neither is the LL (unless perhaps the carpet is so threadbare that it's a tripping hazard).

G_M

hazzie123 wrote: »

Thank you for your replies.

We do have a bath.

If we replace shower and stair carpet when we move out of the property are we entitled to take those with us but replace the original old shower and carpet?

Yes, but you'd have to leave things as they were when you moved in. You can't just take out the new shower and leave nothing but a hole in the wall! You should re-fit the broken one as it was.

Your responsibility when you leave is to leave the property as it was at the start (less normal wear and tear).

Of course, anything you agree with the LL is fin (ie if he says you can leave the property with no shower at all) but get the agreement in writing to avoid arguments later.

may_fair

hazzie123 wrote: »

If we replace shower and stair carpet when we move out of the property are we entitled to take those with us but replace the original old shower and carpet?

You're obliged to return the property in the same condition as it was in at the start of the tenancy, less fair wear and tear.

Whilst you could, in theory, do as you suggest, you run the risk of causing damage whilst carrying out the work, or damaging the old shower/carpet, and you'd be liable for such damage - albeit, without an inventory, the LL would struggle to prove your liability if you disputed it.

Yorkie1

may_fair wrote: »

If the tenancy is in England/Wales, LL has a legal obligation to keep the shower in working order under s.11 Landlord and Tenant Act 1985: http://www.legislation.gov.uk/ukpga/1985/70/section/11

See also the Shelter website for what you can do if LL fails to fix the shower:
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets

But the tenants do have working adequate sanitary facilities i.e. the bath.

I have always previously read on here that so long as there is somewhere to wash / bathe, the LL is not obliged to fix alternative methods of washing (assuming not dangerous). Is that not the case?

may_fair

Yorkie1 wrote: »

But the tenants do have working adequate sanitary facilities i.e. the bath.

I have always previously read on here that so long as there is somewhere to wash / bathe, the LL is not obliged to fix alternative methods of washing (assuming not dangerous). Is that not the case?

LL is obliged to repair whatever installations for sanitation which happen to be in the property; i.e. if there is a bath and a shower, then he's responsible for fixing both of them.

s.11(1) (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...

hazzie123

Thank you for the replies.

The LL wants new worktops putting in the kitchen but has asked that we pay half the costs. This is not a priority for me so I said no.I don't mind spending our own money on the house but it has to be when we can afford it not when the LL wants things doing.