renting - how normal and how legal is this?

pinkteapot

Not great that they advertised them. I rented a flat that was marketed as unfurnished and white goods weren't mentioned. When I viewed, they said a previous tenant had left the fridge and washing machine - that I could use them if I wanted, but if they broke down I'd need to replace. I was fine with that - moving out of home I had nothing so the white goods did me a turn. I got lucky and they lasted my whole tenancy.

I don't think they should have advertised them, but they informed you before you signed the contract so they haven't really done anything wrong. Cheeky in getting you in with misleading advertising, but you could still find another flat instead of taking this one.

What you could do is ask to see that they work before moving in. It's one thing to get use of second-hand white goods for a while. It's different if a tenant left them because they're broken so you immediately have to pay to have them taken away!

mgarl10024

pinkteapot wrote: »

I got lucky and they lasted my whole tenancy.

When I bought my first house in 2006 the owner offered their ancient white goods and having nothing I took them. Most of them are still serving me well now.

preciousillusions - do investigate the disposal angle mentioned by benjus. For example, I think my local council charge around £15-30 for disposal (although some (most?) companies who will sell you say a new fridge will take the old one for free.).
If disposal has to be paid for - by who? I doubt the LL will agree to pay it - but if they do, get it written in the agreement now.
Instead, if you have to pay for disposal, weigh up whether the free use now you get from the goods is worth having to pay the disposal later? If so, take that chance - you might get as lucky as pinkteapot. If not, insist that the landlord removes the white goods before you arrive.

booksurr

HappyMJ wrote: »

I would expect the landlord to keep in good repair and fixtures and fittings included with the property at the beginning of the tenancy especially if the property was advertised as such.

I don't own a cooker, washing machine, dryer, fridge or freezer. It's all included in the rental property I am in and I expect it all to be repaired or replaced if any of them break down.

your expectations are not however backed up by contract law, as explained by GM in post #5

if your expectations are not met then feel free to try to sue the LL, you will find out for sure then what your entitlement is as opposed to your hopes.

franklee

mgarl10024 wrote: »

preciousillusions - do investigate the disposal angle mentioned by benjus. For example, I think my local council charge around £15-30 for disposal (although some (most?) companies who will sell you say a new fridge will take the old one for free.).
If disposal has to be paid for - by who? I doubt the LL will agree to pay it - but if they do, get it written in the agreement now.
Instead, if you have to pay for disposal, weigh up whether the free use now you get from the goods is worth having to pay the disposal later? If so, take that chance - you might get as lucky as pinkteapot. If not, insist that the landlord removes the white goods before you arrive.

The goods belong to the landlord, broken or working they aren't the tenant's to dispose of. If the tenants gets rid then expect the landlord to make a claim for the missing goods against the deposit. The correct course is to ask the landlord to remove.

[Deleted User]

The easy solution to that one is to ask the LL what he wants done with broken white goods etc, same as you would with anything else. Get reply in writing.

His_Dudeness

It should be noted, though, that an old, broken appliance has a residual value of zero, or even negative if there is a cost to dispose of it. Therefore, in practice a claim on the deposit by the landlord would yield between nothing and a symbolic amount.

That said, indeed notify the landlord before disposing of such appliances.

baldelectrician

I feel for you as the system is different in Scotland


The current legislation (due to come in to effect on 1st December 2015) states on appliances


Appliances include –


 Electrical white goods (such as refrigerators and washing machines),


 Electrical brown goods (such as televisions and DVD players),


 Electric fires that are not fixed in place,


 Kitchen appliances, such as toasters and kettles,


 Hand held electrical equipment, such as hairdryers, and


 Any other appliances provided by the landlord that are not permanently connected to the electrical installation.


28. Any appliance which fails to pass a Portable Appliance Test must be replaced or repaired immediately to comply with the repairing standard.


29. The duty to carry out electrical safety inspections does not apply to appliances that belong to tenants, only to appliances provided by the landlord.


So, a landlord outside Scotland can do exclude, include appliances as they see fit, whilst in Scotland it is simple - if a landlord provides an appliance then they are responsible for it.


Link to full guidance


https://www.prhpscotland.gov.uk/sites/default/files/prhp/SCOTTISH%20GOVERNMENT%20GUIDANCE%20ON%20ELECTRICAL%20INSTALLATIONS%20AND%20APPLIANCES%20IN%20PRIVATE%20RENTED%20PROPERTY%20-%2019%20Feb%2015.pdf

preciousillusions

pinkteapot wrote: »

Not great that they advertised them. I rented a flat that was marketed as unfurnished and white goods weren't mentioned. When I viewed, they said a previous tenant had left the fridge and washing machine - that I could use them if I wanted, but if they broke down I'd need to replace. I was fine with that - moving out of home I had nothing so the white goods did me a turn. I got lucky and they lasted my whole tenancy.

I don't think they should have advertised them, but they informed you before you signed the contract so they haven't really done anything wrong. Cheeky in getting you in with misleading advertising, but you could still find another flat instead of taking this one.

What you could do is ask to see that they work before moving in. It's one thing to get use of second-hand white goods for a while. It's different if a tenant left them because they're broken so you immediately have to pay to have them taken away!

well I did pay a £500 holding fee which I wouldn't have gotten back if I'd have pulled out. Plus they knew I needed to be out of previous flat by that date and had no other options.

RE the contract, it says nothing at all about white goods, it just states that the landlord is responsible for repairs to the structure and waste disposal, heating etc.

I am in now and I think it will be okay, I just have to be careful. In all this place is SO much better than the last which was black with mould everywhere by the time I left, and my landlord did not give a damn. It was a really horrible experience to be honest and I am so relieved to be out of there. My current landlord does seem a lot more considerate.

Thank you for everyone that has offered good advice here, much appreciated.