Bond/deposit DPS dispute -your views please

Merlin15

We recently vacated a rented property that was taken on almost 2 years ago as an unfurnished tenancy. Upon moving in there was a couple of free-standing kitchen appliances present which we were led to believe were not the landlords responsibility and had been left by the previous tenants, the letting agents couldn't even say if they worked or not. Neither of the items were listed in the inventory, however, they obviously do show on the photographs taken at the time as they were left in situ.

When we moved in we discovered that the dishwasher did not work and looked (and smelled) like it hadn't worked for quite a while (no wonder it was left, we thought). Then, less than 2 months after we moved in the fridge/freezer broke down, as this was a necessity we got somebody out to have a look at repairing it and whilst they were there asked them to take a look at the dishwasher too. They informed us that the fridge freezer was beyond economical repair and they could replace it with a reconditioned one, and that the dishwasher required a new door switch. We went ahead and paid for a reconditioned F/F (and removal of the old one) and also paid for the repairs to the dishwasher. We did not notify the LL or the LA at the time as previously mentioned we were under the impression that the landlord was not responsible.

On moving out recently we took both the appliances with us as we had paid out for them.
The LA says the landlord is now refusing to release our deposit unless we return the items as they are theirs.
We have offered to return the original dishwasher and the replacement F/F (as the old broken one was disposed of) both in working order, in return for the money we have paid out in repairs (and have the receipt to show). However, the LA says the matter must go to dispute with DPS.

Does anybody know how we stand regarding this matter?

anselld

What does the tenancy agreement say with regard to maintaining white goods?

The property should have been left (as close as possible) to how you found it. The fact that the appliances were not on the inventory does not make them your property. The L may have difficulty proving ownership if they are missing from the inventory but photographs may well be accepted as alternative evidence.

Merlin15

Thanks for your reply anselld.

There is no specific reference to white goods. It just states that the Landlord 'must keep any fittings, gas , electricity and water systems and any appliances that belong to me in good working order'.

But we were led to believe that they didn't belong to the landlord, that they were left by previous tenants, were not included in the tenancy and no assurances could be given as to whether or not they were in working order. Obviously if it had been made clear at the outset that they were classed as the landlords 'appliances' then that would have meant that the Landlord WAS responsible for them we would have told them and not paid out voluntarily to repair or replace them ourselves.

anselld

Ownership and responsibility to repair are separate issues.

If the white goods belong to the L this does not necessarily imply a duty to repair. If the contract is silent then it is something of a grey area.

What is absolutely clear by your own admission is that you do not have ownership. Therefore you should not have removed the white goods.

You could have pursued other avenues to claim the cost of repairs but commandeering the white goods is unlikely to be viewed favourably IMHO.