Landowner refusing to replace appliance

eyesy

Hi

We have been renting in a flat for several years without real problems. However, this has recently changed. One of the appliances in the flat has broken down. We got an engineer out (with our landowners permission) and they told us that it needs to be replaced as it's uneconomical to repair etc.; it broke down through wear and tear and the engineer estimates that the appliance is maybe five or six years old. The appliance is on the inventory.The flat was rented as a fully furnished flat. Landowner has refused to replace it under several reasons: -

• Rent wasn't raised after the last renewal of tenancy (!)
• Item is property of the landowner and it's their prerogative to replace it or not.
• Item was on the inventory for the benefit of the landowner to check when we move out whether it's still there or not, and does not have any bearing on their obligation to repair/ replace the appliance.
• Irrelevant whether the flat is furnished or not.

Since we moved in several years ago, another appliance stopped working and the landowner agreed to pay for repairs then - so why not now?

I don't see this as being fair or legal - it was on the inventory and the fitted appliances were one of the reasons why we chose to move into this property! Is the landowner not in breach of contract for refusing to replace the broken appliance?

I am planning on simply replacing the item myself and withholding this amount in rent at the end of the month if they refuse to replace it themselves - this is what everyone is telling me to do.

Does anyone has any thoughts on this matter?

Much appreciated

Eyesy

clutton_2

dont withhold rent. Read your tenancy agreement with an eagle eye and see what it says in there about replacement and repairs first. generally if a flat is furnished landlord is responsible for repairs and replacement - but read up first.

eyesy

clutton wrote: »

dont withhold rent. Read your tenancy agreement with an eagle eye and see what it says in there about replacement and repairs first. generally if a flat is furnished landlord is responsible for repairs and replacement - but read up first.

The contract says that the Property includes any effects, furniture etc. and specifically any items mentioned in the inventory.

I've read up quite a bit on the 'net in the past few days - it doesn't make sense that the inventory only works one way i.e. for the landowners' benefit and not for the tenants. The whole point of being a tenant and paying rent is that it covers the property and utilities...

Thanks for the advice anyway though.

clutton_2

i repeat - what does your agreement say about repairs - it may not be fair, but, whatever is in the agreement is legally binding on both parties.

Gorgeous_George

Don't pay the rent.

This will lead to the LL having you evicted and you'll be free to find a new LL - albeit without a reference from your last one.

What is the appliance - a kettle or sandwich toaster?

GG

Doozergirl

If they replace it, they're going to up the rent. If you withold rent, they may well evict you.

What appliance is it? is it inbuilt or freestanding? Personally, I would go for the option of storing said piece of rubbish in the garage or asking landlord for permission to dump it. Get replacement off Ebay (I have bought a fabulous washing machine and cooker from ebay for £50 in past), keep it, move out with it or ebay it on. Job done with no gain to the LL.

If you are paying a slightly lower rent, I wouldn't rock it for something potentially inexpensive. What is it? I've probably got a spare in the garage!

ashcarrot

Yeah first thing i thought was what is the appliance (seems strange you didn't mention what it was)...

eyesy

Sorry - it's a dishwasher, so not cheap and cheerful like a toaster!

eyesy

clutton wrote: »

i repeat - what does your agreement say about repairs - it may not be fair, but, whatever is in the agreement is legally binding on both parties.

It says that the Landlord agrees to pay and indemnify the Tenant against all assessments and outgoings in respect of the Property.

budget_counsellor_shaz

eyesy wrote: »

Sorry - it's a dishwasher, so not cheap and cheerful like a toaster!

Sorry eyesy, although we replaced the dishwasher in our rented out property last year, I don't think that it is a necessary item in a rented property if it was the boiler or heating system you may have a case. I think its time to invest in a pair of rubber gloves.;)

Sorry, I realise this is not what you wanted to hear........but is it really worth all the hastle:rolleyes:

Shaz

clutton_2

""It says that the Landlord agrees to pay and indemnify the Tenant against all assessments and outgoings in respect of the Property.""

where do we see the word "repairs" in this statement ?

what does your agreement say about REPAIRS

if it says nothing, then you're stuffed.