Landlord left us without washing machine

moneysavvy2328

We gave our landlord advanced notice that we would be leaving the property at the end of the year. Worked out at around 3 months. 

During this time, we noticed a hairline crack in our washing machine door by the hinge so we notified the managing agent. They said the landlord didn't want to do anything as the crack wasn't affecting the use of the machine. Fast forward a few weeks later and the crack worsened and the door was no longer stable/hanging off.

We notified the managing agent again, and told them that the machine wasn't usable as the door was now broken off the machine. We have a young child so heavily rely on this machine. After a few days I was asked for the door serial number which i provided to the managing agent. This made us assume they were replacing the door.

After 10 days, we then received an email from the managing agent saying that they had spoken to their contractor (no one has physically inspected the machine) and he had advised a 'door wouldn't just fall off' and therefore as we broke it we are responsible for replacing the machine. I heavily contested this and asked the agent to read back the email chain where we notified them of the small crack originally.

They came back and said the landlord 'stood by his previous position' and that it was our responsibility to replace. I told them under no circumstances were we replacing the machine. They said the landlord was happy for us to buy a new machine but take it with us when we leave. We said no to this and that we would make other arrangements. We have now been without a washing machine for 6 weeks, relying on friends/family and laundrettes and it is a further 6 weeks until we move. We will not buy a washing machine ourselves as we strongly believe the landlord should be replacing it. The machine we had was second hand when installed and the serial number dates it at 2017. 

My question is, is there anything we can do? and will they try and deduct this from our deposit when we leave? We do not want to be charged for an old broken washing machine when we did not purposefully or neglectfully break the machine. If anything we want to be compensated for not having a washing machine for almost 3 months. 

Our tenancy agreeement says: 

To keep in repair and proper working order provided that he has been notified of the need of such repair all mechanical and electrical items including all washing machines, dishwashers and other similar mechanical or electrical appliances belonging to the Landlord as are included in the Check-In Inventory provided that this Agreement shall not be construed as requiring the Landlord to carry out any works for which the Tenant is liable by virtue of his duty to use the Premises and the equipment and effects in a Tenant-like manner.

housebuyer143

Yes, they may try and claim it from your deposit but you can and probably will successfully dispute this at the deposit scheme arbitration. 

What are your arrangements for when you go? I would be inclined to withhold a portion of the last month's rent to compensate you for the launderette. The landlord will be annoyed and will raise the arrears at the deposit dispute, but potentially you could win this if you have recipets for the cost of cleaning them. 

moneysavvy2328

We are purchasing a new build property with all fixtures and fittings included. Another reason for not purchasing a machine as we couldn't take with us.  We've been advised to not withold any rent. Although it seems highly unfair as from our perspective the landlord is in complete breech of our contract! It seems there is no accountability or repercussions for this though. I'm hoping that with the deposit agency the landlord would have to prove we broke the machine, not just because their contractor 'said we did'. 

housebuyer143

moneysavvy2328 said:

We are purchasing a new build property with all fixtures and fittings included. Another reason for not purchasing a machine as we couldn't take with us.  We've been advised to not withold any rent. Although it seems highly unfair as from our perspective the landlord is in complete breech of our contract! It seems there is no accountability or repercussions for this though. I'm hoping that with the deposit agency the landlord would have to prove we broke the machine, not just because their contractor 'said we did'. 

Who advised you not to withhold rent? If you are not needing a reference then apart from being chased for it, there isn't much they can do. The landlord will get it back from the deposit eventually, or they will side with you and they won't. 
You won't be able to get the landlord to reimburse you I imagine unfortunately even though I think she should be. Plastic breaks over time, so the argument that the door wouldn't just break seems weak. Do you know how old the machine is?

kentboy101

What if anything is said in your tenancy agreement abuot the washing machine

anselld

Normally parts such as door hinges, handles, etc can be replaced at a modest cost.  Whoever may be responsible it seems very unlikely that a new machine would be required.  Even if it were required the L cannot have "new-for-old" so if hinge replacement is not possible get a second hand machine from eBay, Facebook, etc, £60-£80.

moneysavvy2328

Our tenancy agreeement says: 

To keep in repair and proper working order provided that he has been notified of the need of such repair all mechanical and electrical items including all washing machines, dishwashers and other similar mechanical or electrical appliances belonging to the Landlord as are included in the Check-In Inventory provided that this Agreement shall not be construed as requiring the Landlord to carry out any works for which the Tenant is liable by virtue of his duty to use the Premises and the equipment and effects in a Tenant-like manner.

Washing machine is included in our inventory

moneysavvy2328

anselld said:

Normally parts such as door hinges, handles, etc can be replaced at a modest cost.  Whoever may be responsible it seems very unlikely that a new machine would be required.  Even if it were required the L cannot have "new-for-old" so if hinge replacement is not possible get a second hand machine from eBay, Facebook, etc, £60-£80.

We looked into buying a new door ourselves but because the machine is from 2017 we couldnt find the part anywhere, not even on ebay. The management company also advised they'd tried to source a door and couldnt. Which to me suggests this is why they suddenly accused us of breaking it ourselves. 

moneysavvy2328

housebuyer143 said:

moneysavvy2328 said:

We are purchasing a new build property with all fixtures and fittings included. Another reason for not purchasing a machine as we couldn't take with us.  We've been advised to not withold any rent. Although it seems highly unfair as from our perspective the landlord is in complete breech of our contract! It seems there is no accountability or repercussions for this though. I'm hoping that with the deposit agency the landlord would have to prove we broke the machine, not just because their contractor 'said we did'. 

Who advised you not to withhold rent? If you are not needing a reference then apart from being chased for it, there isn't much they can do. The landlord will get it back from the deposit eventually, or they will side with you and they won't. 
You won't be able to get the landlord to reimburse you I imagine unfortunately even though I think she should be. Plastic breaks over time, so the argument that the door wouldn't just break seems weak. Do you know how old the machine is?

I spoke to shelter, who basically took the stance that you should never legally withold rent. Even for repairs etc. The machine was manufactured in 2017 and was second hand when it was installed for us 4 years ago. When we moved in the machine that was here didnt work so the landlord replaced it with this one.

tacpot12

Ifmoneysavvy2328 said:

....
Our tenancy agreeement says: 

To keep in repair and proper working order provided that he has been notified of the need of such repair all mechanical and electrical items including all washing machines, dishwashers and other similar mechanical or electrical appliances belonging to the Landlord as are included in the Check-In Inventory provided that this Agreement shall not be construed as requiring the Landlord to carry out any works for which the Tenant is liable by virtue of his duty to use the Premises and the equipment and effects in a Tenant-like manner.

Do you mean that it says that the landlord is responsible for the section in italics? It's not clear if this is what you are responsible for or what the landlord is responsible for. 

If this is what the landlord is responsible for then, they should have fixed it (assuming that you didn't break it by being negligent) and are in breech of contract. As you don't need a reference from the landlordm I would be inclined to withhold a portion of the last months rent, say £50, for this breech. As you say, there should be a consequence if landlord don't meet their repair obligations. (I'll mention here that I am a landlord myself).

If the landlord wants to deduct this from the deposit, they have to show that the damage wasn't wear and tear. I wouldn't withhold more than £50 as the washing machine is a small portion of the what you are paying rent for, and it is enough to make the point.  

moneysavvy2328

tacpot12 said:

Ifmoneysavvy2328 said:

....
Our tenancy agreeement says: 

To keep in repair and proper working order provided that he has been notified of the need of such repair all mechanical and electrical items including all washing machines, dishwashers and other similar mechanical or electrical appliances belonging to the Landlord as are included in the Check-In Inventory provided that this Agreement shall not be construed as requiring the Landlord to carry out any works for which the Tenant is liable by virtue of his duty to use the Premises and the equipment and effects in a Tenant-like manner.

Do you mean that it says that the landlord is responsible for the section in italics? It's not clear if this is what you are responsible for or what the landlord is responsible for. 

If this is what the landlord is responsible for then, they should have fixed it (assuming that you didn't break it by being negligent) and are in breech of contract. As you don't need a reference from the landlordm I would be inclined to withhold a portion of the last months rent, say £50, for this breech. As you say, there should be a consequence if landlord don't meet their repair obligations. (I'll mention here that I am a landlord myself).

If the landlord wants to deduct this from the deposit, they have to show that the damage wasn't wear and tear. I wouldn't withhold more than £50 as the washing machine is a small portion of the what you are paying rent for, and it is enough to make the point.  

Yes sorry the italic section is under the landlords obligations in the contract. We did not break the machine by being negligent, it was a small crack that progressively got worse through use, as they chose not to do anything when the crack was small.

My concern is that the managing agent seems to think that the fact a contractor said (without inspecting the machine) 'a door doesn't just fall off, they must have broken it' is enough proof.