Renting: Inventoried item is broken, who replaces?

StuieUK34

Morning all,
just a query

I rent through a useless Letting Agent, who fully manage the property (LL lives in India).

The inventory listed practically everything (including used oil and wellys!).

Anyway, as part of the inventory, was a Flymo lawnmower (probably costs £100...)

Anyway, wasn't a brand new one, so along with anything these days, it wears out after time....
The lawnmower in question died 2 weeks ago, reported this to the letting agent via email (normal method)

6 days later, still no response, so i send a sarcastic email, to which i get a reply, stating that its the landlords responsibility to replace the item, and they are awaiting a reply from him.....

Its now 2 weeks since i reported this issue, and i get no response from the useless letting agent (that being Peter Alan ltd).....

What do i do? grass needs cutting, as far as i understand it, i am renting a mower as part of the contract as its with the house and on the inventory, and part of the deal to maintain the property, etc......

Do i tell the Letting Agent i want a £5 reduction in rent pm and i will buy a new mower ? or is there legal jargon to make them hurry up ? Am sure if i forgot to pay them on the required day, they would be all over me chasing and stating extra charges, etc...
help! :A

BitterAndTwisted

You've reported that the the mower has broken, and the agent has informed you that they are waiting for a response from the landlord, which is correct and fair. Meanwhile you have no means of cutting the grass unless you arrange to borrow one from a neighbour.

Sarcastic emails to the agent will achieve nothing other than getting your card marked as a nuisance.

DO NOT even think about withholding rent or buying a new one and deducting the cost from your rent! There are ways and means of ensuring NECESSARY repairs are done, but a replacement lawnmower isn't one of them

jamie11

You do not tell the agent or landlord you are going to withhold rent. That is a sure way to get a S21 by return post.

The mower is broken, the landlord may want to replace it, he is under no obligation to do so.

Keep the old mower, it's on the inventory.

If it does get replaced be sure to have the inventory updated.

G_M

The LL's statutory repairing obligations are:

(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(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), and

(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

Landlord & Tenant Act 1985

If the tenancy agreement says nothing about who is responsible for repairs, but the items are listed on the inventory, there is an implied contractual obligation on the LL to maintain the items in the condition they were provided in.

Meanwhile, as said, be patient and polite - NOT confrontational!

jjlandlord

G_M wrote: »

If the tenancy agreement says nothing about who is responsible for repairs, but the items are listed on the inventory, there is an implied contractual obligation on the LL to maintain the items in the condition they were provided in.

Repeat:
Never saw any reference to back up that claim. Perhaps one day...

Common law position (from legal experts/legal forums) is that if contract is silent then landlord has no obligation to repair.
If an obligation existed simply by providing an appliance or installation then the provisions of LTA 1985 would be redundant, imho.

StuieUK34

I'll re-word......

I can quite easily buy another mower, and when i leave whenever that maybe, i'd take my mower with me... (not an issue)

As much as i can retain the broken mower, that means i am storing more s**t in my house as its on the inventory.
This also means that come end of tennency, like most LA's, they will try anything to get out of paying me back the full bond, hence my question about where do I stand.

So just to double understand, if an item is on the inventory, and breaks due general wear and tear, the landlord is under no obligation to repair/replace ? Despite it being on the inventory, which means the tennant has to keep in storage broken inventoried items, ready for when said tennant moves out ?
Sweet, good to know

Well, working on the basis i am going to buy one.... Is it a case of asking the letting agent if they want me to store the broken mower, or dispose ? (which i guess means getting an answer from the LL again....)

1 more thing for bitter&twisted
Say your phone is on BT, and your neighbours is on Virgin....
And your phone-line stops working, to which your paying a monthly fee/contract for.........
Do you knock on your neighbours door when you want to make a phone call ?

DRP

StuieUK34 wrote: »

I'll re-word......

I can quite easily buy another mower, and when i leave whenever that maybe, i'd take my mower with me... (not an issue)

As much as i can retain the broken mower, that means i am storing more s**t in my house as its on the inventory.
This also means that come end of tennency, like most LA's, they will try anything to get out of paying me back the full bond, hence my question about where do I stand.

So just to double understand, if an item is on the inventory, and breaks due general wear and tear, the landlord is under no obligation to repair/replace ? Despite it being on the inventory, which means the tennant has to keep in storage broken inventoried items, ready for when said tennant moves out ?
Sweet, good to know

If storage is the problem, seek (written) permission to throw it out.

(personally , I would get a quote for having it repaired - then pass it onto the LL representative. ie. make things a little less work for them in order to get it moving)

BitterAndTwisted

Yes, you will have to store it until the landlord decides to either replace it or gives their permission IN WRITING for you to dispose of it.

StuieUK34

cheers peeps

StuieUK34

how long should i wait for the above ?
reported this 3 weeks ago, and the letting agents are still ignoring me...
Happy to buy one, but unless i get the duff one removed from the inventory list, its another way of being screwed over in years to come....
Not sure what to do, as the company 'Peter Alan ltd' estate agents are run by monkeys, and tend not to give a monkeys about anything other than collecting rent and finding ways of not paying your bond back!

whatmichaelsays

You need to remember here that your letting agent is merely a middle man. He cannot authorise any expenditure without the permission of the landlord.

The agent has done pretty much all that they can so far. They have acknowledged your complaint, they have referred it to the landlord and they are waiting his response.