A Tenant's guide to renting

helen1983_2

I am not sure if this is the correct place but i am looking for some advice.

I have lived in a unfurnished house for 4 years now and paid every month by direct debit without any problems.The property did include an oven when i moved in (this was also as advertised). The cooker was not new and has since broken twice. (The elements have needed to be replaced x2). The landlord had this fixed. The last time it broke the repair man advised it would probably keep breaking because of the ovens age. It has again broken, it is blowing cold air so once again it looks like it needs new elements.

I contacted the Letting Agent who spoke to LL and said he is unwilling to fix it as he has twice already. As the oven was a part of the advertised property when i took out the tenancy i was under the impression that the oven was his responsibility and he would need to fix it?

I was also told if i were to replace it i would need to leave the new one when/if i leave the property OR i would need to still have the old oven (the broken one) to put back in its place when i leave. (this was by the letting agent).

Am i right or wrong as i thought :

If the oven is a part of the agreement of tenancy and the landlords property then he needs to fix or replace the oven?

If I am asked to repair the oven he needs to sign a declaration to give me the oven as he is saying it is not part of the tenancy?

If I buy a new oven (with permission of fitting a new one) then he needs to remove 'his' oven as by not repairing he is stating it is not part of the tenancy and i would be breaking the tenancy agreement by removing a fitting/fixture?

I dont know if i am making sense i hope i am :-) If anyone can help or direct me in the correct direction if i am in the wrong place please :-)

Thanks in advance x

paintpot

Hi there

I think you haven't had a reply because this is a "sticky" for advice so maybe best to post on the main housebuying, renting, selling board.

However, in response to your question.

If the oven is listed on the inventory and as being in working order then the landlord does have a responsibility to repair it or replace it. They can only pass on costs to the tenant if they can prove that the damage has been caused by tenant misuse for example.

If you were to buy your own oven and have it fitted then you would need to reinstall the broken over at the end of your tenancy. However that seems like a ridiculous scenario to me as the landlord would only need to install a new one for future tenants or let without an oven at all. He cannot stake a claim on your oven providing as I said you reinstall the old one properly.

However, you should not need to buy your own oven as the landlord should buy you a new one or repair the current one. He is within his rights to keep repairing it but for the cost of an oven, again this is ridiculous as it is uneconomical.

I suggest you keep communications in writing and state that you require the landlord to replace or repair the oven within say 14 days if it was listed in the inventory as being in working order.

If he doesn't replace or repair it, you should write again stating that you will either buy an oven, (find an equivalent to what you have and give them the cost, make, model etc including cost of installation) and have it installed and deduct it from the rent, or you will buy an oven of your own, pay for it to be installed and when you leave reinstall the old broken oven (you could state that one of the installation costs will also be deducted from your rent as you shouldn't really have to pay twice for installation) and give them another 7 days to reply.

However, witholding rent should not be done lightly and you could face repercussions. You need to have a clear papertrail of communication. I hope it won't come to this for you.

It really annoys me to hear of landlords like this. If he is this "tight" then I would suggest you might have further repairing issues in due course albeit you have been there for 4 years so is he always like this?

Good luck.

inmypocketnottheirs

IM-SPECIAL wrote: »

i rent a house

How interesting.

MissMoneypenny

Email and ask all the letting agents in the area you like, what total fees they charge, including any hidden charges, so you don't get any nasty surprises when you have signed the contract. Then view houses with the letting agents whose charges are the most reasonable.

A rental property can have 2 or 3 letting agents trying to let it out. View the property with the letting agent that has the cheapest fees.

You can also ask letting agents and landlords (if you aren't going to use a letting agent) to email you a copy of their contract, which you can then read at your leisure before signing anything.

JoeA81

Cheers MissMoneypenny. Its about time this guide got updated!

I will add it in right now.

scrummy_mummy_2

If the tenancy agreement is not signed in front of the landlord or his /her agent, it is covered by the Distance Selling Regulations and the 'tenant' can withdraw from it by advising the LL/Agent, in writing, within 7 days.

clutton_2

if the tenant has had the AST for 7 days in advance of signature, giving them the time to get it checked out before signature, this would negate any distance selling regs surely ?

prudryden

If a potential tenant viewed a property in the company of the LL or his agent, I believe that could negate the need to sign the contract in front of the agent or LL and would be outside the Distance Selling Regs.

franklee

scrummy_mummy wrote: »

If the tenancy agreement is not signed in front of the landlord or his /her agent, it is covered by the Distance Selling Regulations and the 'tenant' can withdraw from it by advising the LL/Agent, in writing, within 7 days.

Thanks for raising this interesting point that I've not seen discussed here before

clutton wrote: »

if the tenant has had the AST for 7 days in advance of signature, giving them the time to get it checked out before signature, this would negate any distance selling regs surely ?

No, I don't think it does.

prudryden wrote: »

If a potential tenant viewed a property in the company of the LL or his agent, I believe that could negate the need to sign the contract in front of the agent or LL and would be outside the Distance Selling Regs.

Yes I think this is the key point that would put many if not most tenancies outside the regs. But guarantors often don't meet the agent/landlord so I think they are more likely to be inside the regs.
Found this which is helpful:

http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-34---distance-selling-regulations-2000.html

blondierm

I am a private LL - when we first rented our house out to tennants, I put a pack together for them. It was just a cheap and cheerful folder with plastic pockets, and it held all sorts of info like the rental agreement copies, inventory and safety certificates, as well as local info like bus timetables and nearest supermarkets, days that the bins are emptied, the window cleaner's phone number if they wanted one, manuals for the white goods and heating system, and who the current utility providers where, along with meter readings and phone numbers. I also put in what the phone number of the property is, along with the full address and postcode for the property (something which can be a nightmare to find out if you are not sure!!)
As we send them any copies of letters we get them to add them to the file as well as keeping copies for ourselves.
I also left a pint of fresh milk in the fridge, a loaf of bread in the kitchen, and a small box of teabags near the kettle on the day the new tennants moved in - I think it's important to develop a good relationship straight away.