Renting - replacement of damaged White Goods

CPS

I have just received a letter from my Letting Agent advising that there are inserting a new clause into all rental agreements - that the white goods are left by the landlords as a goodwill gesture and any damaged white goods that need fixed or replaced is up to the tenant to pay for.

Anyone any views on this? I was always under ther impression the landlord would replace any damaged white goods.

marliepanda

CPS wrote: »

I have just received a letter from my Letting Agent advising that there are inserting a new clause into all rental agreements - that the white goods are left by the landlords as a goodwill gesture and any damaged white goods that need fixed or replaced is up to the tenant to pay for.

Anyone any views on this? I was always under ther impression the landlord would replace any damaged white goods.

Nope, unfortunately not.

However, if the landlord's did break, I would not be fixing them out of my own pocket. I would tell them to come pick them up, and replace them with my own, which would be taken with me at the end of the tenancy.

I am not a free appliance fixer nor free storage.

G_M

I assume they mean this clause will be inserted in any future contract you sign. Obviously they cannot change the current existing contract (unless you agree, which you do not need to).

As to future contract, ie when your present Fixed Term ends, read this post. You could just continue the existing terms...

However, if you DO sign a new contract with this new clause, it will be perfectly legal.

See repairing obligations in Landlord & Tenant Act 1985

tbs624

G_M, whilst your post is relevant for Eng/Wales I think the OP is renting in Northern Ireland.

OP says

I was always under ther impression the landlord would replace any damaged white goods.

For tenancies which began after the beginning of April 2007 if there isn't a statement within the tenancy agreement clearly setting out what is the LL's reponsibility and what is the Ts responsibility then the "default" rules apply and these include the LL being responsible for "appliances for making use of the supply of water, gas or electricity" when those appliances have been provided by him/her as part of the tenancy.

As G_M has indicated your current FT cannot be altered. If you will need to sign a new tenancy with different terms check the wording of the new clause and make sure that the LL is required to remove any of his appliances which subsequently fail, without you needing to leave behind any replacement which you fund yourself when your tenancy is up

If you need clarification OP talk to the District Council - they are responsible for enforcing private sector tenancy terms regs. There is also a Housing Rights Service in Belfast.

ruggedtoast

G_M wrote: »

However, if you DO sign a new contract with this new clause, it will be perfectly legal.

See repairing obligations in Landlord & Tenant Act 1985

I cant make head nor tail of that gobbledegook. Which paragraph says the tenant has to fix items for the landlord?

marliepanda

ruggedtoast wrote: »

I cant make head nor tail of that gobbledegook. Which paragraph says the tenant has to fix items for the landlord?

Its not that the tenant HAS to fix the LL property, that of course is ridiculous.

Its that the LL doesnt have to fix them. Repair or replacement is up to the tenant. I would suggest replacing and keeping your new item rather than paying to fix the LL's.

tbs624

Ruggedtoast/Marlie - LL & T Act 1985 is not relevant to OP's tenancy if s/he is renting in Northern Ireland

That said, the point G_M was making was that the LLs statutory repairing/maintaining obligations (in E/W) are set out in that piece of legislation.

Legislative overhaul is long overdue IMO - for example, LL may wriggle out repairing or replacing a shower provided that T has alternative bathing facilities available at the property.

When the law was drafted few homes had showers - now its pretty standard for there to be a shower in most homes. Many Ts would not bother to rent a property that did not have one in situ so IMO where one is there at the property in working order at the start of the tenancy then the T should be entitled to expect a LL to keep it in working order throughout the tenancy ( obviously if it fails because of a Ts specific act or omission then T should foot the bill)

I also am of the view that white goods which are provided by the LL and appear on the inventory should be maintained by the LL. It's about the law failing to move with the times.

Notmyrealname

CPS wrote: »

I have just received a letter from my Letting Agent advising that there are inserting a new clause into all rental agreements - that the white goods are left by the landlords as a goodwill gesture and any damaged white goods that need fixed or replaced is up to the tenant to pay for.

Anyone any views on this? I was always under ther impression the landlord would replace any damaged white goods.

Only if they're provided as part of the tenancy.

However if your AST has come to an end and you're on periodic, the LL can vary the terms of the tenancy by giving sufficient written notice which it looks like they are doing.

If you do replace white goods, store the broken ones provided by the LL and when you move out, take yours with you and refit the LL's ones.

Your choice is to accept it or find somewhere else to live.

DRP

Notmyrealname wrote: »

Only if they're provided as part of the tenancy.

However if your AST has come to an end and you're on periodic, the LL can vary the terms of the tenancy by giving sufficient written notice which it looks like they are doing.

If you do replace white goods, store the broken ones provided by the LL and when you move out, take yours with you and refit the LL's ones.

Your choice is to accept it or find somewhere else to live.

Storing a broken freezer or washign machine for months or years seems ridiculous - you'd assume most reasonable/sensible landlords would check over the white goods and either dispose of them or give permission for them to be disposed of (and confirm in writing, of course ).