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Does a landlord have to replace a washer-dryer?

Our washer-dryer has died, our landlord has stated 'the washer-dryer was there when we purchased the flat and we are not inclined to replace it as such, being both super expensive to buy and to run. We will happily supply a new washing machine without the dryer element, and a clothes airer. This will also be cheaper for the tenants in energy bills. I will source an airer if they want one.'

My question is do they have to replace it like for like? Our flat is very cold due to poor heating (listed as very poor in a recent energy survey) so I would find an airer insufficient as it takes ages to dry the clothes and leaves them smelly. I did some reading of our contract which has two clauses for landlords responsibility for repairs:
'3.3  To comply with the requirements of section 11 of the Landlord and Tenant Act 1985 which imposes obligations on the landlord to repair the structure and exterior (including drains, gutters and external pipes) of the premises; to keep in repair and proper working order the installations in the premises for 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 water, gas or electricity); to keep in repair and proper working order the installations in the premises for space heating and heating water. In determining the standard of repair required by the landlord under this clause, regard shall be had to the age, character and prospective life of the premises and the locality in which it is situated.'

This clause would imply they are not responsible for white goods as per statute but the following clause makes me think otherwise:
'3.5 [The landlord's obligation is] To take reasonable steps to ensure that the landlord’s domestic gas and electrical appliances and other similar mechanical appliances in the premises for which he is responsible are safe, in proper working order and in repair both at commencement of, and during the tenancy, as may be necessary from time to time in order to comply with the landlords obligations under the Gas Safety (Installation and Use) Regulations 1998, the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets etc., (Safety) Regulations 1994.'

Surely a washer-dryer is a mechanical/electrical appliance and therefore they would be liable to repair it since it is listed on the inventory and thus their responsibility. There is no clause in the contract that states that the tenant is responsible for repairs through fair wear and tear, we are only responsible for repairs where the damage was caused through 'negligence, misuse, or breach of contract, or accidental damage caused by the tenant.' A repairman has been out to see it and concluded that it wasn't our fault.

Any advice is greatly appreciated.
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Comments

  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Did it state in the advert that the rental has a washer dryer ? 
    What is the EPC rating for the property ?
    The landlord can't rent a property with an EPC of F or G !
    You did not purchase the flat ! You started a tenancy agreement and the LL is being a bit tight fisted if he/she won't replace an electrical appliance that was in the property when you viewed.
    Did you see any PAT tested stickers on the washer/dryer, fridge freezer and any other electrical appliances supplied by the LL ?
    Has the property got an EICR ?
  • Grumpy_chap
    Grumpy_chap Posts: 18,004 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    My general understanding is that the LL is responsible for replacing any item that was there at the outset of the tenancy with a like-for-like product.  So, if you had a washer-dryer then it should be another washer-dryer, arguably similar standard to the original, so Bosch for Bosch.  So far as I can tell, you are not quibbling greatly about the type of washer-dryer, only that any washer-dryer should be provided to replace the original washer-dryer. 

    A budget washing machine is £200, a budget washer-dryer is £300 so the LL is quibbling over not much at all.

    What the operating costs of the washer-dryer are is irrelevant as you meet that cost when the dryer component is used and not the LL.

    You might mention to the LL that you are reluctant to use an indoor airer in case it contributes to damp, especially in areas where the external walls are cooler.  You are interested in protecting the condition of the LL's asset.

    How long have you been in the property and how long do you envisage staying there?  If you think this property is one you will be at for any length of time, you could consider offering to pay £100 now towards the extra cost for the washer dryer over and above the washing machine.  That may not be what you should have to do, but may be pragmatic if it buys you the convenience of the washer-dryer.  Obviously, if you are on the way somewhere else in the short-term, it will be £100 you don't want to stump up.

    I find it amazing how some LL's behave.  Surely, if you have a good tenant, looking after the property and paying the rent on time, you would want to ensure that tenant is really happy and content to stay next year and the next...  A one month void, or losing a good tenant to end up with someone less diligent, is all a real false economy over the difference between a washing machine versus a washer dryer.
  • Ask the LL to make sure the washer they buy is a 1600 spin. Then the clothes will be practically dry as soon as they come out of the machine and wont take long to dry.
  • Pennylane
    Pennylane Posts: 2,721 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    dimbo61 said:
    Did it state in the advert that the rental has a washer dryer ? 
    What is the EPC rating for the property ?
    The landlord can't rent a property with an EPC of F or G !
    You did not purchase the flat ! You started a tenancy agreement and the LL is being a bit tight fisted if he/she won't replace an electrical appliance that was in the property when you viewed.
    Did you see any PAT tested stickers on the washer/dryer, fridge freezer and any other electrical appliances supplied by the LL ?
    Has the property got an EICR ?
    PAT Testing is not compulsory. It is good practice though. We always do it. 
  • Pennylane
    Pennylane Posts: 2,721 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Slithery said:
    Pennylane said:
    dimbo61 said:
    Did it state in the advert that the rental has a washer dryer ? 
    What is the EPC rating for the property ?
    The landlord can't rent a property with an EPC of F or G !
    You did not purchase the flat ! You started a tenancy agreement and the LL is being a bit tight fisted if he/she won't replace an electrical appliance that was in the property when you viewed.
    Did you see any PAT tested stickers on the washer/dryer, fridge freezer and any other electrical appliances supplied by the LL ?
    Has the property got an EICR ?
    PAT Testing is not compulsory. It is good practice though. We always do it. 
    Grrrr. I bet you say PIN number as well don't you...
    Don’t know what you mean. 
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    edited 5 January 2021 at 10:00PM
    Pennylane said:
    Slithery said:
    Pennylane said:
    dimbo61 said:
    Did it state in the advert that the rental has a washer dryer ? 
    What is the EPC rating for the property ?
    The landlord can't rent a property with an EPC of F or G !
    You did not purchase the flat ! You started a tenancy agreement and the LL is being a bit tight fisted if he/she won't replace an electrical appliance that was in the property when you viewed.
    Did you see any PAT tested stickers on the washer/dryer, fridge freezer and any other electrical appliances supplied by the LL ?
    Has the property got an EICR ?
    PAT Testing is not compulsory. It is good practice though. We always do it. 
    Grrrr. I bet you say PIN number as well don't you...
    Don’t know what you mean. 
    The T in P.A.T. already stands for testing.
    You just said 'Portable appliance testing testing is not compulsory.'
  • nilsaj
    nilsaj Posts: 7 Forumite
    First Post
    dimbo61 said:

    What is the EPC rating for the property ?
    The landlord can't rent a property with an EPC of F or G !

    Interestingly I have been looking into the ECP, we had one done recently in Nov 2020 which stated the property is a C, the EPC from 2010 said it was an E, and I can't make sense of how it's gone to a C when the only change has been that we've put in energy efficient bulbs. The insulation, glazing, heaters and boiler are all the same as a decade ago... a bit suspicious to me. There was also a few months where there was no EPC as the 2010 one expired last July.

    Thank you to everyone who has responded, I will try to fight my landlord to get a new washer-dryer. I don't want to fork out for one because to be honest I don't want to stay here after my lease ends this year.
  • zagubov
    zagubov Posts: 17,937 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Your landlord sounds like a penny-pinching chancer. What happens if your fridge freezer breaks down and he offers to replace it with just a fridge, as it's cheaper?
    There is no honour to be had in not knowing a thing that can be known - Danny Baker
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