My landlord is refusing to replace a 22 year old washing machine

oliviaka

macman wrote: »

It's a totally bodged unofficial conversion on the cheap: no registration of the flat as a separate dwelling place, no splitting of gas/water/electricity supplies. Then as a landlord, no deposit protection, no GSC, no EPC. The LL is breaking every rule in the book, and deserves to have the book thrown at her. And quite possibly avoiding CT and tax on the rental income as well.
OP, if it's a separate flat, you are responsible for council tax. Are you currently paying it, or paying her a contribution? How many people are registered at the single address on the electoral roll?
With all the above, you have tremendous bargaining power if you wish to use it. But I get the feeling that you would rather just move on?

We pay council tax, my flatmate made those arrangements so would have to get the details from him because I just transfer to his account every month. How can I check how many people are registered on the electoral roll?

oliviaka

Thank you everyone for your help.

It still seems crazy to me that the washing machine isn't the landlords responsibility, even though I never would've moved into the property if I hadn't thought it was included as I cant afford to go buying things like that with along with the obscene rent in London haha!

Oh well lesson learnt ask a lot more questions when you move in. I am aiming to hand in my notice this week so I have 2 months to save enough to move :eek: In the mean time looks like I'll just have to use my boyfriends washing machine!

Again thank you everyone

[Deleted User]

If you permit the LL to do viewings while you are still there, put a sign on washing machine saying

Old Faithful,
Born 1996 Died 2018
RIP

Comms69

oliviaka wrote: »

Thank you everyone for your help.

It still seems crazy to me that the washing machine isn't the landlords responsibility, even though I never would've moved into the property if I hadn't thought it was included as I cant afford to go buying things like that with along with the obscene rent in London haha!

Oh well lesson learnt ask a lot more questions when you move in. I am aiming to hand in my notice this week so I have 2 months to save enough to move :eek: In the mean time looks like I'll just have to use my boyfriends washing machine!

Again thank you everyone

out of curiosity, why two months?

Smodlet

Comms69 wrote: »

out of curiosity, why two months?

Yeah, it does not sound as if your tenancy is even legal, OP. No GSC = no obligation to pay rent, doesn't it, Comms69? Or have I got it wrong again? If I am correct, you have no obligation to give any notice, I would think but please don't take my word for it.

If you and your flat mate are paying council tax and the property has never officially been split into two, I really wonder if your delightful LL is paying any council tax at all? How do you know how much gas and leccy were used by you and how much by her if the bills are not split? I also wonder if she thinks you are a lodger because she never officially split the properties... Good luck to her convincing the council of that.

Comms69

Smodlet wrote: »

Yeah, it does not sound as if your tenancy is even legal, OP. No GSC = no obligation to pay rent, doesn't it, Comms69? Or have I got it wrong again? If I am correct, you have no obligation to give any notice, I would think but please don't take my word for it.

If you and your flat mate are paying council tax and the property has never officially been split into two, I really wonder if your delightful LL is paying any council tax at all? How do you know how much gas and leccy were used by you and how much by her if the bills are not split? I also wonder if she thinks you are a lodger because she never officially split the properties... Good luck to her convincing the council of that.

it's a bit of a minefield when contracts aren't up to scratch.


Rent is still due, as that's a fundamental element of the tenancy i.e. accommodation in exchange for payment (unless the OP does not have an address for the purpose of serving notice, which in theory might apply here as apparently the land lady does not have a postal address)


As for notice I think it gets more interesting there. 2 months notice seems to be a contractual requirement and it could be argued (though ultimately up to a judge ) that a breach of contract would render the term null and void, and it would revert to a statutory periodic tenancy, requiring one months notice - in line with tenancy period.


The biggest element of all this is - would the LL risk taking it to court over outstanding rent when the OP can report so many breaches of tenancy law? Certainly a correctly worded letter may put her off.


I would personally just find a place to move, give as much notice as possible and risk it.

Tyler_Durden_UK

When I was a LL, we rented the house and left our old washing machine in situ, when that broke we didn't think twice about replacing it.

Smodlet

Tyler_Durden_UK wrote: »

When I was a LL, we rented the house and left our old washing machine in situ, when that broke we didn't think twice about replacing it.

So did you or didn't you?

ariarnia

marliepanda wrote: »

ariarnia wrote:

I would have thought - if you can confirmation in writing from either the agent or landlord that the landlord does not consider the washing machine to be their appliance (therefore theirs to repair/replace), you can simply replace the washing machine and consider it your property to take or sell at the end of your tenancy as you choose.

If the landlord is arguing that the washing machine is their appliance but that you have caused it to break through misuse (rather than a natural end of life) then I would suggest the landlord would be required to get an independent report from a plumber

The landlord does not have to fix it. The landlord does not have to prove the OP broke it.

Them saying they’re not going to fix it does not mean it magically becomes the property of the OP.

You give some good advice further on but this bit is incorrect

Sorry if I wasn't clear but I don't think I mean what you think I meant

I was saying that first the OP needs to establish if the landlord considers it their property or not.

If it's not the landlords then the OP can do anything they want (replace, repair, throw away).

If it is the landlords property then (if not named in the contract or as part of the particulars of the original listing) the landlord does not have to fix, they can just leave a broken washing machine sat in the kitchen.

If the landlord is requiring the OP fix/replace it because they are claiming the OP broke it (rather than wear and tear/age) then they would have to prove it was broken rather than came to a natural end of life.

I would suggest the only way to do that would be to get an independent report into the cause of the demise of the washing machine.

Then, even if it was broken as a result of misuse, the replacement liability would be subject to betterment based on the expected life of that model in those circumstances.

But, as always, thats just my view and I'm not an expert so happy to be told I'm (still) wrong

kay0601

Would it be worth the op suing for 3x the deposit or should they wait until after they have moved out? It would save them the problem of having to save for a deposit for a new place