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Recorded Letter to Landlord - Then Visiting Landlord?

Hi all,

I hope you can help,

I have had an issue with a broken washing machine, which after the estate agent sent out a repairman - he confirmed it was over 20yrs old, couldn't be repaired and required a replacement.

Consequently, the estate agent have acted as the intermediary between me and the landlord and passed on the news but they have not heard anything back for over 9 weeks and because they apparently can't act without landlord's consent, the washing machine has remained broken.

My plan at the moment is to send a recorded letter to the landlord directly just so I can confirm he's signed for it and read the letter. Then if there is no response am I within my right to actually visit the landlord's address and ask for a response?

It would be good to know what you think the next steps should be and at what point any court action should take place,

Thanks all! :T

Gareth
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  • hazyjo
    hazyjo Posts: 15,468
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    What does your contract say re repairing/replacing appliances?
    2023 wins: *must start comping again!*
  • Pixie5740
    Pixie5740 Posts: 14,515
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    Earnshaw24 wrote: »
    Hi all,

    I hope you can help,

    I have had an issue with a broken washing machine, which after the estate agent sent out a repairman - he confirmed it was over 20yrs old, couldn't be repaired and required a replacement.

    Consequently, the estate agent have acted as the intermediary between me and the landlord and passed on the news but they have not heard anything back for over 9 weeks and because they apparently can't act without landlord's consent, the washing machine has remained broken.

    My plan at the moment is to send a recorded letter to the landlord directly just so I can confirm he's signed for it and read the letter. Then if there is no response am I within my right to actually visit the landlord's address and ask for a response?

    It would be good to know what you think the next steps should be and at what point any court action should take place,

    Thanks all! :T

    Gareth

    First thing's first. Is your landlord actually required to repair or replace the washing machine? Does your tenancy agreement state that your landlord is responsible for the washing machine? Is it an integrated appliance?

    Assuming this is in England or Wales you might be surprised at how few repairing obligations the landlord actually has.

    See G_M's guide to Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)
  • Earnshaw24
    Earnshaw24 Posts: 10
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    Thanks for your reply,

    I can confirm the landlord is responsible in the agreement for appliances including the washing machine, this has also been confirmed by estate agent.
  • bigisi
    bigisi Posts: 925 Forumite
    Earnshaw24 wrote: »
    Thanks for your reply,

    I can confirm the landlord is responsible in the agreement for appliances including the washing machine, this has also been confirmed by estate agent.

    Why are you trusting anything to the estate agent? The only thing that matters is your contract. Get it out. Read it. What does it state about the landlord's responsibilities.

    I can imagine turning up on the LL's doorstep is going to find you on the receiving end of a S.21 pretty soon after.
  • Pixie5740
    Pixie5740 Posts: 14,515
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    There's certainty no harm in sending a letter to your landlord, quoting the part of the tenancy agreement that makes him responsible for repairing or replacing the washing machine, and asking for an update on when this will happen. You could even put forward the suggestion of purchasing a new machine yourself (within a certain budget) and deducting the money from your next rent payment however don't do this until you have written confirmation from your landlord that it's ok or you will end up in arrears.

    Turning up to your landlord's house will achieve nothing other than making you look like a creepy weirdo.
  • Earnshaw24
    Earnshaw24 Posts: 10
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    edited 11 May 2018 at 11:12AM
    "Subject to the Landlord's obligations in Clause 4, to ensure all electrical, gas and other appliances and apparatus including any television set or radio are kept in good working order and to pay for the repair or replacement which may be required during the Tenancy Agreement (apart from wear and tear) due to the negligence or ill treatment of the tenant, his family visitors or his contractors."

    "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 safe, in proper working order, and in repair both a the commencement of and during the Tenancy Agreement."

    The washing machine worked three times in the first month of moving in before it stopped working.
  • Pixie5740
    Pixie5740 Posts: 14,515
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    Earnshaw24 wrote: »
    "Subject to the Landlord's obligations in Clause 4, to ensure all electrical, gas and other appliances and apparatus including any television set or radio are kept in good working order and to pay for the repair or replacement which may be required during the Tenancy Agreement (apart from wear and tear) due to the negligence or ill treatment of the tenant, his family visitors or his contractors."

    "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 safe, in proper working order, and in repair both a the commencement of and during the Tenancy Agreement."

    The washing machine worked three times in the first month of moving in before it stopped working.

    Is it just me or does that first quoted clause make no sense? To me it reads as if the landlord will only repair or replace an appliance if the tenant (or the tenant's visitors and contractors) are negligent or if the tenant, tenant's visitors and contractors have been ill-treated (by whom?) but the appliance won't be repaired or replaced if it fails due to wear and tear.
  • theartfullodger
    theartfullodger Posts: 14,453
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    You would be best to follow Shelter's advice here including using their draft letter: If not sorted you inform landlord you will be involving council.
    https://england.shelter.org.uk/housing_advice/repairs/how_to_report_repairs_to_a_private_landlord


    Don't use recorded - he can decline to sign/accept: Better to post with a **free** "Proof of postage".
  • You would be best to follow Shelter's advice here including using their draft letter: If not sorted you inform landlord you will be involving council.
    https://england.shelter.org.uk/housing_advice/repairs/how_to_report_repairs_to_a_private_landlord


    Don't use recorded - he can decline to sign/accept: Better to post with a **free** "Proof of postage".

    Sure I've read that if you send this way from 2 different post offices its considered to have been received
  • silvercar
    silvercar Posts: 46,861
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    Pixie5740 wrote: »
    Is it just me or does that first quoted clause make no sense? To me it reads as if the landlord will only repair or replace an appliance if the tenant (or the tenant's visitors and contractors) are negligent or if the tenant, tenant's visitors and contractors have been ill-treated (by whom?) but the appliance won't be repaired or replaced if it fails due to wear and tear.

    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..
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