Am I responsible for repairs?

jjlandlord

You are responsible for repairs.

The only question whether or not the machine was working when you moved in and whether it was agreed that white goods would be provided.
This is because if white goods are provided it is implied that they are in working order at the start of the tenancy.

c-m wrote: »

However since it was never tested, it could have been like this all the time, as it only does it on certain programs.

Was it working when the tenancy started or not?

c-m wrote: »

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.

Nice try.

c-m

So if the machine was worth £500,000 and it broke down, but was repairable at £450,000, I would have to pay £450,000

What is to stop landlords putting old goods in properties, knowing that the tenant will have to pay for them to be fixed soon. Sounds like a scam.

I'll stick with it being dangerous. Along with the water that drips out of the lights in the kitchen in heavy rainfall

jjlandlord

c-m wrote: »

So if the machine was worth £500,000 and it broke down, but was repairable at £450,000, I would have to pay £450,000

What is to stop landlords putting old goods in properties, knowing that the tenant will have to pay for them to be fixed soon. Sounds like a scam.

I'll stick with it being dangerous. Along with the water that drips out of the lights in the kitchen in heavy rainfall

Don't ask for advice if you do not like the answers...

c-m

Haha, so true.

How long would one expect a small washing machine to last?

Also, what happens if the washing machine is under guarentee or has known faults, I don't have the contract the manufacturer or retailer, so wouldn't be able to get the free warranty repair that is available on the device.

There is a Hotpoint hotline number on the machine, so i'll see what they have to say.

SuperBOB

I have never heard of a tenant repairing an appliance like that. Threaten to leave if you do not have a working appliance within the next 5 working days, then cancel your rent payments and begin the process of moving.

Then let us know how it all turns out ^^

jjlandlord

c-m wrote: »

Also, what happens if the washing machine is under guarentee or has known faults

c.f. post #3.

SuperBOB wrote: »

I have never heard of a tenant repairing an appliance like that. Threaten to leave if you do not have a working appliance within the next 5 working days, then cancel your rent payments and begin the process of moving.

Trying to negotiate is indeed good advice, but suggesting that OP should stop paying rent is terrible advice.

c-m

I wouldn't leave (well not suddenly, i do plan to move out soon though), nor would i withhold rent. I have used this letting agent a number of times and may do so in the future, and having dealt with the landlords office in the past, they have generally been ok.

I'll what hotpoint have to say, as a cheap device, if could well be beyond economic repair. Then i'll let chat to the landlords office and see what they have to say. No need to make a mounting out of something as simple as a malfunctioning washing machine.

Thanks for the comments.

N79

Lets be clear, there are the following possibilities.

LL has no statutory obligation to repair. Therefore any obligation to repair will be contractual.

1) There is a clear contractual provision stating that either the LL or the T has to repair then great, the position is clear.

2) One or both parties believe and claim a verbal agreement that the other is responsible then this can only be decided in court based on who the court believes, on a balance of probabilities, to have the more credible claim. This is a surprising common state of affairs.

3) If the T knows that there was no clause for the LL to repair then that also settles the matter.

If the situation is 2 then it will probably be simpler and definitely quicker for the T to just carry our the repair (or at least ascertain if a repair is practical). If the T is adamant that their LL has a verbal obligation to repair then the correct approach to use is that from Lee Parker vs Izzet.

Generally, while it is fairly common in some market segments for LL's to offer an "all inclusive" service regarding the provision and repair of white goods as part of a tenancy, there is no obligation for a LL to do this. Ts should always check their understanding of what is offered and get it included in the contract in writing!

Benji

I have to disagree with jjlandlord (not something I usually do!)

A washing machine does not come under the 1985 Landlord and Tenant Act, but it would come under contract law.

I know your contract makes you liable to 'service' the machine, but it does not seem to make you liable to 'repair' the machine.

I would maintain that the machine was supplied in working order as part of the contract, and that while the machine is not in working order then the landlord is in breach of contract. I would invoke this process to get the matter resolved http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/tenants_doing_repairs#3

jjlandlord

Benji wrote: »

I know your contract makes you liable to 'service' the machine, but it does not seem to make you liable to 'repair' the machine.

s.11 of LTA 1985 states that LL has no obligation of repairs, so if the agreement is silent repairs must be the responsibility of the tenant.

The fact the landlord provided a machine in working order just means that he should replace it should it become beyond repairs.

I believe this was discussed on LLZ.