Who is responsible for White Goods replacement?

by Readers Question

10:10 AM, 18th January 2017
About 2 years ago

Who is responsible for White Goods replacement?

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Who is responsible for White Goods replacement?

Here is an extract from my AST Agreament prepared from the Estate Agency. In the section for the Tenants obligation it’s this clause:white goods

“Not to remove any of the Contents from the Property without the express written permission of the Landlord (which will not be unreasonably withheld). To keep the content of the property, including all furniture, fixtures and appliances listed in the inventory, in the same condition, cleanliness and repair, as at the start of the Tenancy with allowance for fair wear and tear. However, should any items require repair, or be beyond repair, the landlord does not undertake to pay for any costs to repair or to replace the appliance, except those which the Landlord’s required by law to maintain. ”

Does the contractual obligation apply to the Tenant to pay for the repair and replacement of the white goods?

Does Section 11 of the LTA, and SOGSA 1982 compliment the above term?

Many thanks

Tom



Comments

Nick Faulkner

10:14 AM, 19th January 2017
About 2 years ago

I think that if the landlord lets a property with say a washing machine then it is his responsibility to maintain or replace it. If you are charging a proper rent you should bear in mind that such costs come up from time to time.
I fail to understand why landlords seek to evade paying for such matters.......I have been letting furnished property for over 40 years and have always accepted that if I let furnished we are renting the appliances as well as the property. In an average year we buy half a dozen cookers, about five washing machines and two or three fridge freezers and the odd dishwasher and television.... we do not do repairs, we replace with new equipment....we do not have rental voids.....and I still seem to get by and pay my taxes.

Steven Burman

10:52 AM, 19th January 2017
About 2 years ago

Tom

Have you let the property on a furnished or unfurnished basis?

If it is unfurnished then, unless you have explicitly stated that you will not repair or replace the white goods (that you chose to leave in the property), then it is not unreasonable for the tenant to expect you to repair or replace them.

If you dont want the hassle, dont let unfurnished property with white goods in place unless they are 'built in'.

SB

Monty Bodkin

11:36 AM, 19th January 2017
About 2 years ago

Reply to the comment left by "Nick Faulkner" at "19/01/2017 - 10:14":

"I think that if the landlord lets a property with say a washing machine then it is his responsibility to maintain or replace it."

That might be what you think Nick (and it is the same reasonable line I take).

However, section 11 specifically excludes it;

“not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity“

So unless repair responsibility is contractually stated, it is not the landlord's responsibility.

Monty Bodkin

11:41 AM, 19th January 2017
About 2 years ago

"Does the contractual obligation apply to the Tenant to pay for the repair and replacement of the white goods?"

Not if caused by fair wear and tear.
(it also places no responsibility on the landlord to repair it)

Tom C

12:09 PM, 19th January 2017
About 2 years ago

This is the clause in the AST Agreement:
"Not to remove any of the Contents from the Property without the express written permission of the Landlord (which will not be unreasonably withheld). To keep the content of the property, including all furniture, fixtures and appliances listed in the inventory, in the same condition, cleanliness and repair, as at the start of the Tenancy with allowance for fair wear and tear. However, should any items require repair, or be beyond repair, the landlord does not undertake to pay for any costs to repair or to replace the appliance, except those which the Landlord's required by law to maintain. "

It is fair and non-ambiguous enough or I am wrong to thing so?

H B

12:32 PM, 19th January 2017
About 2 years ago

The white goods are your responsibility. Never heard of a landlord trying to pass on the costs directly before, whatever the small print.

Jerry Jones

13:22 PM, 19th January 2017
About 2 years ago

When I was a tenent for a year, with an amateur landlord in her proposed retirement cottage, I even got stiffed for a service on the gas boiler, done at the same time as the landlord gas safety certificate!

Nick Faulkner

14:26 PM, 19th January 2017
About 2 years ago

I think Jerry Jones has it in one "amateur landlord:".... chasing round repairing and trying to get the tenant to pay for a broken or worn out appliance is time consuming and extremely difficult.Get a grip ,look after your tenant or get out and leave it to as professional.

Monty Bodkin

16:19 PM, 19th January 2017
About 2 years ago

Reply to the comment left by "H B" at "19/01/2017 - 12:32":

"The white goods are your responsibility."

No they aren't (even though it might be the reasonable and professional thing to do 95% of the time).

The following link is the legislation regarding it (note there is no contractual responsibility within the tenancy agreement).

http://www.legislation.gov.uk/ukpga/1985/70

"to keep in repair and proper working order the installations in the dwelling-house for the 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 the supply of water, gas or electricity)"

If anyone has a reliably sourced link stating otherwise, please put up.

Tom C

16:43 PM, 19th January 2017
About 2 years ago

Reply to the comment left by "Nick Faulkner" at "19/01/2017 - 14:26":

@ Nick : If you are a "Pro" than, please argument yourself. Like how you interpreted.
The implied law to the AST:
Section 11 of the LTA, and SOGSA 1982
s11(1)(b): “but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity“
And the contractual obligation as stated in the extract from the AST quoted before.
Your comment do not help anyone if you cannot argument yourself.

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