White goods fail at the start of the tenancy

schweppes31

Hi there, I think I've made this post on the right forum.... anyway...

Our tenancy started last week. The fridge was very loud, it would drown out a working microwave for example. We woke up on Monday morning to find it had gone kaput, spoiling all the food in the freezer in the process.

We have contacted the landlord who says it is the responsibility of the tenant to fix the fridge as stated in the contract. This seems to be me to be slightly unreasonable, after all the tenancy has just begun. A landlord could fill a flat with faulty white goods, wait for them to fail in the first weeks of tenancy then charge the tenant to get them fixed.

Now, I've checked and the landlord is required by law to insure the electrical installation has to be safe when the tenancy begins, and that any appliance is safe. The landlord didn't make any checks before the tenancy began - I've checked.

So
1) is it reasonable for us to expect the landlord to fix white goods that fail at the start of tenancy. Can you provide citations for this if possible.
2) if the landlord hasn't made checks before the tenancy agreement was signed what legal obligations does he have to fix the white goods?
3) if we have to pay for a repairman for the fridge and he can't fix it what then? Does the landlord have to buy us a new fridge? We did rent this place with it specifically being advertised as having white goods etc.

Given we are a well paid professional couple, and the last occupants of this place were students who stiffed the landlord on rent, and it was then empty for months, I'm also amazed at the attitude of the landlord to start with. Needless to say we won't be renewing the contract.

GAH

You are correct that the landlord should be satified with the electrics before a tenant moves in, but eletrical tests aren't mandatory.

Its going to depend on what your contract says as to where the onus falls on who should repair and the same with replacing items

pinkteapot

Did the landlord supply the fridge, or had it been left there by a previous tenant?

schweppes31

The landlord supplied the fridge.

I might add we were also told the damp on the sea facing wall would be fixed ASAP (we were concerned about it before we moved in), and hasn't with our calls about that ignored with it spreading nicely and more paint peeling off, and there's a hole in the exterior wall of my study that we didn't notice when we came in. The room is freezing and a draft actually blows the curtains thanks to it.

I understand that the damp we have a contract with the landlord to be fixed, and the landlord is legally required to fix exterior walls?

The thrust of my post being, if they want to refer to page 6 paragraph 5 to get out of fixing something I'm d*mn well going to do the same and ratchet the maintenance costs up rapidly!

DannyboyMidlands

I think there is only so far you can ratchet those costs up. I mean, how much is a tin of paint and a brush? It'll probably cost more for you to take time off from your well paid professional job in order to give access.

At the end of the day, if you don't want to fix the LL's white goods it's best not to sign a contract saying that you will.

Yorkie1

schweppes31 wrote: »

Now, I've checked and the landlord is required by law to insure the electrical installation has to be safe when the tenancy begins, and that any appliance is safe. The landlord didn't make any checks before the tenancy began - I've checked.

As stated, the LL has to be satisfied the the electrics are safe at all times. This is not the same as mandatory checks before each tenancy, or annually such as the LL's GSC. It is also not the same thing as an annual service of goods.

So
1) is it reasonable for us to expect the landlord to fix white goods that fail at the start of tenancy. Can you provide citations for this if possible.

There are no such citations. The LL supplies goods and the law does not require the LL to keep them in repair or good working order. If the contract is silent about repairing obligations, or expressly puts it onto the T, then there's no requirement for the LL to fix (although I'd be cheesed off if it happened to me!).

2) if the landlord hasn't made checks before the tenancy agreement was signed what legal obligations does he have to fix the white goods?

None. See reply to 1). Also, even if the LL had done a PAT test on the equipment before the start of the tenancy, that's no guarantee that they will work for the duration of the tenancy. It's like an MOT - only an assessment of the working of the appliance on that date.

3) if we have to pay for a repairman for the fridge and he can't fix it what then? Does the landlord have to buy us a new fridge? We did rent this place with it specifically being advertised as having white goods etc.

You will have an inventory with a fridge etc listed on it. Without further agreement in writing, you are obliged to return the property with a fridge in it. If it cannot be repaired, and the LL refuses to replace it, I see your options as following:

a) retain the old fridge somewhere safe, buy yourself a new one to take with you at the end of the tenancy, and leave the old one behind at the end of the tenancy (this will not work if the tenancy expressly places a duty on you to get broken appliances repaired or replaced)

b) the LL agrees in writing to your disposing of the old fridge and replacing it with an alternative.

Do not allow yourself to be forced to replace it with one that is new. You only have to replace it with similar in condition - he is not entitled to 'betterment'.

Then use freecycle or the small ads to get one of similar age and condition.

Don't confuse this issue with the damp issue.

Given we are a well paid professional couple, and the last occupants of this place were students who stiffed the landlord on rent, and it was then empty for months, I'm also amazed at the attitude of the landlord to start with. Needless to say we won't be renewing the contract.

As above, OP.

Maestro.

if the landlord supplied the fridge and advertised the property as being furnished with white goods* then they are responsible, end of - take them to task over it.

99% of landlords are all the same - they rent out substandard property at high prices, take ages to fix things (or just don't bother) and then try to keep the deposit you gave them when you move out, regardless of the condition the property is in.

*be sure to check what your tenancy agreement states regarding repairs.

ruggedtoast

I have never heard of a landlord refusing to fix supplied electricals, did you really sign a contract agreeing to do that for him?

Its very unlikely he can enforce that side of the agreement, but if you remove the fridge and replace it with your own you will probably have to replace it with another broken fridge or lose some of your deposit when you leave. Then again how much can he reasonably charge for a broken fridge.

G_M

Maestro. wrote: »

if the landlord supplied the fridge and advertised the property as being furnished with white goods* then they are responsible, end of - take them to task over it.
Legally absolute rubbish.

99% of landlords are all the same - Statistically absolute rubbishthey rent out substandard property at high prices, take ages to fix things (or just don't bother) and then try to keep the deposit you gave them when you move out, regardless of the condition the property is in.
again - absolute rubbish

*be sure to check what your tenancy agreement states regarding repairs. Good advice

Landlord & Tenant Act 1985

Best advice is to try to reach a negotiated agreement. It is in neither of your interests for the LL/tenant relationship to break down this soon in the tenancy.

jjlandlord

schweppes31 wrote: »

We have contacted the landlord who says it is the responsibility of the tenant to fix the fridge as stated in the contract.

Well, if you have agreed to that...
On the other hand, as others have said it'd be in the interest of your landlord that the relation does not break down and that the faulty appliance is repaired professionally: Try to negotiate.

schweppes31 wrote: »

A landlord could fill a flat with faulty white goods, wait for them to fail in the first weeks of tenancy then charge the tenant to get them fixed.

Sure.
But as the party who agreed to be responsible for repairs you could have checked condition of appliances or tried to negotiate that landlord remains responsible e.g. during the first month.

schweppes31

1) How can the landlord be satisfied that the electrics are safe if they aren't checked?

2) I am not confusing it with damp. Any reasonable person would expect the white goods to be of a certain standard for example, that is - be fit for its purpose, and be of satisfactory quality. They are not.

On the other hand, as others have said it'd be in the interest of your landlord that the relation does not break down and that the faulty appliance is repaired professionally: Try to negotiate.

Tell that to the landlord who said we should pay him £50 just to have the fridge looked at by his "approved" repairman. There is no guarantee this chap will repair the fridge either!