Broken washing machine, LL liable for laundry costs?

denseCake

Hi all, I am renting a bedroom in a shared property and our washing machine has broken. Basically the rinse cycle never finishes and water is left in the bottom of the drum.

The issue was detected on 3.5 and I emailed them using the correct format on the 4.5:

'Our washing machine is not working properly. Basically it is continuously in a rinse cycle as the water never drains out of the washing machine. Perhaps the draining pipe is clogged?


Obviously it is quite important this is fixed asap as it was detected on the weekend (when everyone normally does their laundry). If you could send me an email back telling me when someone will be around to fix it I would appreciate it, as I don't want to fork out for laundry costs if it is going to be fixed the next day.

Thanks.'

After no response I sent a strongly worded email on 8.5:

'Resending this to you as no response. Don't know how you expect to keep tenants when you can't even acknowledge an email.

It's pretty fundamental that a washing machine is working, if this continues to be an issue, laundering costs will be deducted from the rent.'

Now I hoped this would entice some sort of action from the agency, but still as of yet I have received no communication. Also a viewing took place sometime after the initial email was sent, and my girlfriend told an agency staff member about the broken washing machine, which he then said he would report.

Now I'm wondering if I can legally deduct costs of laundry from our rent payments, I feel I have been reasonable enough considering the lack of communication. I don't really know what to do now, but clean clothes are wearing thin and I don't have the time nor money to go to a laundrette.

I also might be worth noting that my deposit is not protected, and as it stands my contract will end on the 15th june (although I plan to extend for a month).

Also there is an issue with power cuts that has been present since I moved into the property. Basically if someone is using the oven and the shower at the same time power the power will cut out. which the room mates at the time had reported, but the agency has done nothing. This may explain why I am concerned about the lack of communication concerning the washing machine.

jaylee3

I'm gonna go with no. You should not deduct money from the rent for your washing. I wouldn't.

He should have contacted you though.

Why did he not protect your deposit? Is this the same for the others in the property? What does the agent think of this? Them AND the LL sound useless, maybe you would be better off leaving (as you said you are/may be.)

Is a working washing machine part of the tenancy? (IYSWIM)

I am sure someone will be on here soon who can advise you better than me.

BitterAndTwisted

You've already threatened them with deducting the costs of laundry without being certain whether this is justified or not?

Idiotic! Read your tenancy agreement. A landlord could be quite willing to leave a washing-machine in the property but not want to be responsible for any repairs which might need to be done. This is not unheard of in shared properties where the tenants can't be relied on to treat appliances with the respect they deserve.

Please note that although you may have reported the appliance failure to the agent, it's the landlord who will need to pay for it and the landlord who will have to authorise the money to be spent. If he doesn't want to pay for it, it won't be the agent's fault.

About the electricity failing: you need to put this IN WRITING to the landlord (address on your tenancy agreement under the bit that says "for the serving of notices") and send a copy to the agent at the same time. Mention the issue with the washing-machine at the same time.

phill99

denseCake wrote: »

I also might be worth noting that my deposit is not protected, and as it stands my contract will end on the 15th june (although I plan to extend for a month).

Don't expect to be living there on 16th June given your attitude.

Landlords will not jump just because you have told them. Why should a landlord eespond over the weekend over such a trivial matter.

The landlord maybe on holiday or away on business and is not at your beck and call.

Do not deduct laundry costs from rent. Your landlord will drag you through the courts and rightly so.

If you owned the house and this was your responsibility, you would easily wait a week to grt an engineer out. Who would pay your laundry costs then? Your mortgage company?

I would dread havingbrenants like you.

sulphate

denseCake wrote: »

Hi all, I am renting a bedroom in a shared property and our washing machine has broken. Basically the rinse cycle never finishes and water is left in the bottom of the drum.

The issue was detected on 3.5 and I emailed them using the correct format on the 4.5:

'Our washing machine is not working properly. Basically it is continuously in a rinse cycle as the water never drains out of the washing machine. Perhaps the draining pipe is clogged?


Obviously it is quite important this is fixed asap as it was detected on the weekend (when everyone normally does their laundry). If you could send me an email back telling me when someone will be around to fix it I would appreciate it, as I don't want to fork out for laundry costs if it is going to be fixed the next day.

Thanks.'

After no response I sent a strongly worded email on 8.5:

'Resending this to you as no response. Don't know how you expect to keep tenants when you can't even acknowledge an email.

It's pretty fundamental that a washing machine is working, if this continues to be an issue, laundering costs will be deducted from the rent.'

Now I hoped this would entice some sort of action from the agency, but still as of yet I have received no communication. Also a viewing took place sometime after the initial email was sent, and my girlfriend told an agency staff member about the broken washing machine, which he then said he would report.

Now I'm wondering if I can legally deduct costs of laundry from our rent payments, I feel I have been reasonable enough considering the lack of communication. I don't really know what to do now, but clean clothes are wearing thin and I don't have the time nor money to go to a laundrette.

I also might be worth noting that my deposit is not protected, and as it stands my contract will end on the 15th june (although I plan to extend for a month).

Also there is an issue with power cuts that has been present since I moved into the property. Basically if someone is using the oven and the shower at the same time power the power will cut out. which the room mates at the time had reported, but the agency has done nothing. This may explain why I am concerned about the lack of communication concerning the washing machine.

Forget about the washing machine, no you are not entitled to deduct laundry costs from rent, what I would be more interested is that if the landlord has not properly protected your deposit when he/she should have, then you could sue him/her for compensation of between 1 and 3 times its value.

http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/court_action_to_get_a_tenancy_deposit_returned

silvercar

I doubt a problem with the washing machine counts as an emergency, so I would not expect the landlord to deal with it over the weekend. He should deal with it in a timely manner, but it is reasonable to expect to be without a working machine for a few days.

If the drain pipe is clogged and the fault lies with the tenants, expect that you have to pay not the landlord! You want to ensure it is your fault, before you even talk of retaining some of the rent.

Threatening to retain rent is premature and aggressive.

kinger101

(a) Check tenancy agreement. Often washing machines are provided, but with no obligation to repair.
(b) If the landlord is required to repair, why not phone them? I did this when I was in a shared house as a student, and we agreed I'd sort it out, send bill to my landlord and deduct from rent. E-mails don't always get a quick response, particularly if landlord is away or buried in work.
(c) Ask that the deposit is placed in a guarantee scheme (in writing). It may give you a better claim to compensation if the landlord fails to do this at a later date.

molerat

Have you checked the filter, this is a user check and if it is found to be blocked expect a bill for clearing it. If an engineer is used instead of the LL popping round that could be in excess of £100.

G_M

The Landlord & Tenant Act 1985 S11 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.

so statute law does not make the LL responsible for the washing machine. That leaves contract law. What does your tenancy agreement say (if anything) about repairs?

Even if the LL is responsible for the mahine that will not include liability for your lauderatte costs..

4 days (4th - 8th) is not long for a non-urgent repair.

I emailed them using the correct format

Does your tenancy agreement say email is an acceptable format? Normally the postal address provided (by law) should be used.

my contract will end on the 15th june (although I plan to extend for a month).

Out of interest, how?

Re the 'power cuts' (I assume you mean Consumer Unit trip switch? Power cuts are the responsibility of the power company and affect streets/localities), have you reported these properly?

ie by letter to the address provided for that purpose?

denseCake

Ouch, I was not expecting these replies. Although I do appreciate the education.

You have to understand that this is my first time renting a property so I am somewhat inexperienced when dealing with agents/landlords, hence me posting here (probably should have posted here before the second email however).

Ok so looked at my tenancy agreement.

Landlords responsibilities:

5.3: To keep in good repair and working order any installations provided by the landlord for space hearing, water heating and sanitation.

So this clearly doesn't cover the washing machine. However further down

5.6 The Landlord will provide the following services for the licensee in respect of the Room;
c. Repair and maintenance of the room except where damage has been caused by wilful neglect of the licensee

Earlier

1.3: The room means the rooms in the premises that are from the time allotted to the licensee by the landlord.

So I'm unsure as what the room means, would this include appliances provided or just the walls + floor? It is nicely vague.

Also the reason I sent it via email was that this was how I was told to report maintenance issues. I didn't think I had a contact number, however upon closer inspection of the contract there appears to be a number provided in case of emergency. I would assume however that this is not an emergency.

So do we think I should send another email to reiterate that I will not be deducting laundry costs from my rent, but that a repair would be my appreciated?

Thanks for all replies.

denseCake

G_M wrote: »

so statute law does not make the LL responsible for the washing machine. That leaves contract law. What does your tenancy agreement say (if anything) about repairs?

Even if the LL is responsible for the mahine that will not include liability for your lauderatte costs..

4 days (4th - 8th) is not long for a non-urgent repair.

Does your tenancy agreement say email is an acceptable format? Normally the postal address provided (by law) should be used.

Out of interest, how?

Re the 'power cuts' (I assume you mean Consumer Unit trip switch? Power cuts are the responsibility of the power company and affect streets/localities), have you reported these properly?

ie by letter to the address provided for that purpose?

I just posted about what my contract says, it's somewhat clear that it's not covered (unless it is covered under the repair of the room).

I suppose I would have to agree it is non-urgent.

The tenancy agreement states that I must report maintenance issues via email, and there is also an emergency telephone listed.

Power cuts effect the consumer unit trip switch, one of the smaller switches falls down and cuts power. As far as I know this was reported by previous room mates via email to the agency. Do you think it is an issue that belongs to the power company?

In regards to rent, I will go to the agencies office to request a extension like I have done before.