Rented flat and appliances

paddedjohn

My daughter lives in a rented flat and there is a washing machine in the kitchen, she has been there nearly a year now but the machine has packed up. The contract says that it s up to her to get it fixed if it breaks but surely she is paying rent for the flat and fittings. Does she have to pay to get it repaired and what if its beyond repair? Does she have to replace it with another one? It was well used when she moved in so is this not betterment or should she just get on with it? Cheers.

G_M

It's in the contract she signed.

There IS leglislation requiring a landlord to undertake repairs (which is irrespective of what is in the contract) but it says:

11 Repairing obligations in short leases.
(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)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

paddedjohn

Sorry I'm a bit slow today, does that mean that since she signed the contract she has to get it repaired? What if its beyond repair?

Yorkie1

I would have thought that if it's beyond repair, she could just replace it with another second hand one from Freecycle?

I'd get someone in to look at it as per the contract. If their advice is that it cannot be fixed, she should contact the LL and advise him/her of the situation; ask whether the LL wants to replace the appliance from new, or whether they are happy for her to source a replacement second hand one.

Unless, of course, she will want to take it with her when she leaves, in which case she could offer to replace it with a new one on condition the LL allows her to take it with her.

Get the reply in writing.

G_M

As Yorkie says, it is always wise to discuss with the LL.

Who knows, despite what the contract says he may simply agree to pay for an engineer tovisist and fix...

paddedjohn

Spoke with the landlord and they said its up to us to sort but I was wondering if this in anyway helps our cause or should we just get it sorted, (it was a used machine when she moved in if that makes any difference)



From the citizens advice.
Wear and tear

Over a period of time, most household furniture and contents deteriorate as a result of normal use, for example, floor coverings will become worn. This is known as ‘wear and tear’, and you would not be responsible for replacing these items.
If the extent of the wear and tear means that it causes a hazard, for example, springs in an armchair begin to stick through the upholstery, your landlord should repair or replace such items.
If your landlord has supplied an appliance such as a cooker or a washing machine that was working as the beginning of the tenancy, they have a responsibility to repair or replace it if it breaks down, unless this is the result of your negligence.

Werdnal

I believe that statement should be clarified with the addition of:

"Unless the tenancy agreement specifically states that appliances will not be repaired/replaced by the landlord".

as your daughter's contract clearly does.

GM quoted the correct legal standpoint for this above, and LL can choose whether to include a clause to not repair as they see fit. As your daughter signed and accepted the tenancy agreement at the start, including this clause, there is little you can do now. Had the tenancy not included this clause, I believe by default, the landlord would be responsible for repair or replacement.

Moral of story - read all tenancy agreements thoroughly before signing, and you won't get any nasty surprises when things go wrong.

BitterAndTwisted

The machine could have been bought by a previous tenant and left there at the end of their tenancy. Landlord didn't want to be responsible for fixing or replacing, so has written their responsibility out of the contract. A lot of landlords don't supply washing-machines because they can often be abused or not looked after properly by tenants, so they can be a constant and ongoing cost.

Plenty of them turn up on Freecycle if you can collect and install.

G_M

BitterAndTwisted wrote: »

Plenty of them turn up on Freecycle if you can collect and install.

They're not hard to install, but a b*gg*r to man-handle.

paddedjohn

Quick update on this, I scanned over the contract today and it says that it is the tenants responsibility to repair or dispose of an electrical appliance that is not integrated (integrated here means that it has a door fitted the same as the rest of the kitchen) which mean we don't have to replace the item if we don't want to but better still there is a door attatched to the machine so the Letting agents are sending an engineer to repair the machine. Thanks again for all the replies.