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Recorded Letter to Landlord - Then Visiting Landlord?

2

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  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    silvercar wrote: »
    To me it reads that the whole paragraph refers to tenant's obligations other than those that fall under clause 4 or are caused by wear and tear..

    I see what you mean.
  • FBaby
    FBaby Posts: 18,367 Forumite
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    I read the first paragraph as standard of responsibilities of the tenant. Why would the tenant be responsible for nothing but wear and tear? It makes no sense.
  • franklee
    franklee Posts: 3,867 Forumite
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    FBaby wrote: »
    I read the first paragraph as standard of responsibilities of the tenant. Why would the tenant be responsible for nothing but wear and tear? It makes no sense.
    I read it as first paragraph the tenant's obligations which is to repair if the fault is due to negligence or ill treatment of the tenant, his family visitors or his contractors but NOT if due to wear and tear.

    Paragraph 2 the landlord keeps them in working order, and in repair both at the commencement of and during the Tenancy Agreement.

    So basically the landlord repairs unless it's due to the tenant's negligence or ill treatment in which case the tenant repairs.

    So the washing machine over 20 yrs old is likely wear and tear. Earnshaw24 was there any evidence you ill treated it?
  • Earnshaw24
    Earnshaw24 Posts: 10 Forumite
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    Sorry, I should have made it clear the first paragraph was for the tenant, second is the landlord, my fault!
  • Earnshaw24
    Earnshaw24 Posts: 10 Forumite
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    franklee wrote: »

    So the washing machine over 20 yrs old is likely wear and tear. Earnshaw24 was there any evidence you ill treated it?

    No evidence of that, washing machine simply stopped turning on after only a few washes.

    Repairman filed a report explaining the technical problems with it and sent to estate agent.
  • need_an_answer
    need_an_answer Posts: 2,812 Forumite
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    edited 11 May 2018 at 4:30PM
    I would be inclined to write to the LL and request a timeframe for repairs/replacement politely as you have now been without the facility for a considerable time.
    You could point out that they should be in possession of the report completed by the most recent repair visit that indicated that a new machine was the most cost effective way forward given the age of the washing machine in question.

    As Pixie also suggests I support the offer of purchasing a new machine that is like for like or as near new equivalent in order to speed up the process and request that the cost be deducted from the next rental payment due.
    AO do some good machines and can even install and take away the old one,for a small fee,if that appears to be a problem that the LL would rather not deal with.

    Ask for a clear response within a reasonable timeframe,maybe 5 days.

    If it were me I wouldn't visit.
    I am unsure any court action needs to take place and if so would be a waste of time and your resources.Personally I would say rather than seek advice re court action you might be better looking for other accommodation where white goods remain the clear responsibility of the LL.

    At worst the scenario can be fixed by you buying a new machine with no LL contribution and taking it with you when you leave.
    Yoy may need to be mindful that the old one might need to be retained as per the inventory but you would need to discuss this with the LL and get any decision in writing.
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  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    I read this that the first paragraph are the obligations of the tenant. The second paragraph is the one for the landlord and I read that as things that supply electricity and gas so something like a boiler or imersion heater rather than appliances like washing machines.

    I don't think you are going to be able to prove that the washing machine broke due to wear and tear rather than damage. The simplest thing would be to buy a new one, store that one somewhere and put it back when you move and take the new one with you.
  • G_M
    G_M Posts: 51,977 Forumite
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    "Landlord - To take reasonable steps to ensure that the Landlord's domestic gas and electrical appliances and other similar mechanical appliances in the Property for which he is responsible are....
    This is the key phrase. For what is he responsible? Are you sure there's nothing else in the contract that specifies this?
    The supply of water isn't even mentioned here.
    Indeed.

    However in contrast to a contract that ignores the entire subject, or a contract that places responsibility firmly on the tenant's shoulders, this seems to suggest the LL will/should repair.


    Dear Mr landlord,

    Further to the report written by xyz company, following their inspection of the washing machine on xx/xx/2018, I am writing to seek a date when the washing machine will be repaired or replaced.

    Could you kindly reply within the next few days giving me either a timescale for replacement or a date when the repair will be under-taken.

    You'll appreciate that I have now been without a working washing machine for x weeks, and am thus incurring considerable unplanned for costs at launderettes. Given the length of time that that has passed since I first reported the problem to your agents (xx/xx/2018) I feel some reimbursement of these espences would be in order.

    If it would help you, I should be happy to undertake a replacement myself and claim back the cost via future rent. I attach a quotation for a comparable washing machine. If this would assist you, please confirm in writing that this is the case and that the cost on the quotation is acceptable.

    Yours sincerely,


    Earnshaw
  • diggingdude
    diggingdude Posts: 2,445 Forumite
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    Don't turn up at the property as the LL will probably be petty and try to evict you, after all they give you 24 hours before coming round to nose in your cupboards....i mean inspect the property
    An answer isn't spam just because you don't like it......
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
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    Don't turn up at the property as the LL will probably be petty and try to evict you, after all they give you 24 hours before coming round to nose in your cupboards....i mean inspect the property

    There would be absolutely no need for landlord inspections if there were no rogue tenants. Landlords have to do periodic inspections to make sure that the tenant hasn't decided to sublet and move out, move in lots more people to make the rent affordable even though they knew how much it was before they agreed to the rent, turned the small bedroom into a recording studio even though it is joined onto next door, decided to run a scrap yard in the front or back gardens or even inside the house, turn the backgarden into dog kennels, run a business from the house without planning permission, or generally break any of the other things that they had agreed to in the contract that are there to protect their neighbours from antisocial behaviour.
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