Am I responsible for repairs?

c-m

I live in a rented property that includes white goods.

Recently the lighting system has failed. Probably due to the fact that roof leaks water.

Additionally the washing machine is malfunctioning. Constantly drawing in water.

I have contacted the landlord and letting agency, but while the landlord has agreed to fix the lighting, he is stating that I am responsible for repairing the washing machine.

How can that be true, when I didn't purchase it, and therefore do not have a contract with the manufacturer for a warranty repair.

BitterAndTwisted

Read your rental agreement. What does that say about maintaining appliances?

jjlandlord

If your tenancy agreement does not specify that the landlord is responsible for repairs, then I am afraid that he is right: You are responsible.

In such case, if the landlord provided functioning appliances his only responsibility is to replace them should they break down beyond repair.

Obviously, if the appliance is still under warranty LL should just use it.

c-m

I'll have to double check this lunchtime.

None of the appliances were new when the place was let, so for all i know the machine has just come to the end of it's natural life.

poppysarah

I wouldn't repair a landlord's washing machine. I'd want them to fix it.
I've never put anything in a washing machine that should break it. I'm assuming the OP hasn't either.

Mrs_Arcanum

Do you pay a service charge within your rent to cover white goods? This will be shown as a separate item in your rent notification. If so then the LL organises repairs and you will need to contact them. If not they are your responsibility.

jjlandlord

poppysarah wrote: »

I wouldn't repair a landlord's washing machine. I'd want them to fix it.

Of course you would.
The point is however that unless there is a clause to that effect in the tenancy agreement the landlord has no obligation to repair.

poppysarah

jjlandlord wrote: »

Of course you would.
The point is however that unless there is a clause to that effect in the tenancy agreement the landlord has no obligation to repair.

If the machine is listed on inventory then it is the landlords responsibility.

It is important to ensure that all electrical appliances and fittings within the property are safe and in good working order. Unlike gas regulations, there is no law that says you must have a landlord electrical safety certificate. But, should any electrical fittings or appliances within your rental property cause harm to a tenant you could be held liable.



A washing taking in water constantly would potentially cause such a problem.


In a court would a landlord want to explain why someone died because the landlord wouldn't fix their washer?




http://www.landlordzone.co.uk/electrical_safety.htm

c-m

I wonder what the law states, as obviously not contract contract can override the protection offered by statue.

I'll check the contract anyhow. If they don't have to repair it, then I guess that is ok, but they'd better not expect me to repair something that I have not damaged.

jjlandlord

poppysarah wrote: »

If the machine is listed on inventory then it is the landlords responsibility.

It is the landlord's responsibility to replace it if it was part of the conditions for the tenancy, but not to repair it.
For reference, e.g. http://www.propertyinvestmentproject.co.uk/blog/what-landlords-should-know-about-white-goods/

As per section 11 of the Landlords and Tenant Act 1985:

11 Repairing obligations in short leases.E+W

(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

(a)...

(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),

I agree that in practice it could be troublesome to agree on when the machine becomes beyond repair.

c-m

The agreement states that the tennent is responsible for the servicing of all electrical appliances in the inventory.

The Washing machine is listed in the inventory, but is listed as (not tested)

So it could go two ways. I'm responsible for its servicing, but itf it's beyond repair then the landlord is responsible. However since it was never tested, it could have been like this all the time, as it only does it on certain programs.

Another view is that, the washing machine is an electrical appliance, that is has an electrical fault is constantly taking on water (under certain programmes), that sounds dangerous to me.