White Goods clause in rental property?
Hi all, Hopefully, someone on this forum can help me out with a query. If I let my rental property out to a prospective tenant and supply the white goods (fridge/freezer and washing machine) would it be possible to place the responsibility on the tenant in the event of repair or replacement of the item once the warranty expires?
Can I insert this into a clause on the tenancy agreement?
Your thoughts and comments would be gratefully received.
Thanks in advance.
Mark
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Member Since October 2020 - Comments: 1173
5:10 PM, 25th February 2022, About 4 years ago
You would have to have a clause in the contract opting out of repairing and draw the tenants attention to it right at the beginning of the process, (when they respond to the advert) to avoid consumer legislation. The white goods should also be safe an in full working order at the start or you might fall foul of the Supply of Goods and Services Act or other similar legislation.
Member Since February 2016 - Comments: 194 - Articles: 1
7:06 PM, 25th February 2022, About 4 years ago
Mark (and all those in favour of a clause contracting out of the repair)
Please don’t waste your brainspace, time or anything else on this one! It won’t work.
At the end of the tenancy, the tenants can make off with the washing machine (or washer/dryer in my case) and claim to the likes of TDS that as it was their responsibility to repair it and ‘it wasn’t working’, they had it removed!!
Theft in plain sight. Did TDS ask for proof of that??? Make your own mind up on that one. Ask me if DPS questioned the theft of my tumble dryer if you like – but there is no point.
Anything the last wrong’un couldn’t take with him (to emergency accommodation) was either smashed to bits in situ (the dishwasher) or wheeled out into the back garden, taken apart and left to rot (washing machine). I couldn’t claim from his deposit as all had been claimed by the Court against his rental arrears.
There’s enough in the information provided here to demonstrate how landlords’ compulsory ‘deposit protection for tenants’ goes against us landlords if we supply white goods without maintaining them. There is no sense of fair play afforded by the deposit schemes with this. So forget it trying to do anything different.
Maybe in a plentiful tenant-market, it would be best to pick tenants on their willingness to supply their own white goods? If ‘not supplying’ is your landlord stance, they’ll surely know you’ll move on to the next interested party willing to take the property on that basis. It could be one of your filtering options, especially in Bristol.
With Bristol having acquired a huge pent-up demand that shows no sign of abating, the ‘work-around’ (if you really don’t wish to involve yourself in white goods) is to promote the services of companies like AO.com (who supply & fit new kit 7 days a week) or offer the tenants the number of your local handyman who they can contact direct to organise and pay for their own appliances connected.
It obviously depends on the tenant market of your business. It’s your call, Mark.
Member Since September 2018 - Comments: 3535 - Articles: 5
8:03 PM, 25th February 2022, About 4 years ago
Reply to the comment left by LordOf TheManor at 25/02/2022 – 19:06
could not agree more . I had the same thing with tenant stealing a washing machine in a similar manor. The DPS asked if I had any cctv to prove it was mine! Yeah like I put that up INSIDE a rental house – I’d be hauled up to court in an instance!
My stand is rental always unfurnished. I have no appetite to add my work life imbalance anymore.
Member Since August 2014 - Comments: 336
8:31 AM, 26th February 2022, About 4 years ago
As an earlier contributor says, gift them the item.
I have previously found white goods that have been left by the outgoing occupant. I leave them in the house if the prospective tenant wants them, but do not include them in the inventory and make no reference to them in any agreement. Tenants seem grateful for second hand white goods whilst they get settled in their new home. If they asked me to dispose of them when they no longer want them then I would, but they never do.
I usually provide a brand new lawnmower as well, under the same understanding. I’m not messing about with PAT testing, but buying a lawnmower is rarely top of a new tenants list of priorities.
Member Since June 2021 - Comments: 80
9:10 AM, 26th February 2022, About 4 years ago
With a question like that you should not be a landlord. If you can prove the breakdown was cause by the tenant, ie they put bricks in the machine, thats a different story, however if a machine breaks down, buy a new one.
Member Since February 2022 - Comments: 71
6:24 AM, 27th February 2022, About 4 years ago
Reply to the comment left by Monty Bodkin at 25/02/2022 – 15:53
At last! A factual response to the actual question.
With this type of question I really don’t know why most people respond with another question asking why, or give an option of i don’t think so etc…
Member Since February 2022 - Comments: 71
6:28 AM, 27th February 2022, About 4 years ago
Reply to the comment left by DSR at 25/02/2022 – 20:03
Surely the receipt and signed inventory proved it was yours?
Member Since February 2016 - Comments: 194 - Articles: 1
12:11 PM, 27th February 2022, About 4 years ago
Christopher…..
I had the clause referred to in my tenancy agreement and I had an AIIC inventory/schdule of condition with photographs and description of everything about the flat and its contents, which was signed by the tenant. It made no difference to the outcome for me. TDS would not compensate me from the tenant’s deposit for the loss of the washer dryer!!!
Member Since June 2019 - Comments: 8
2:57 PM, 28th February 2022, About 4 years ago
Thanks everyone for your comments and advice. I’ve carefully each and every comment. Thanks again!
Member Since September 2018 - Comments: 3535 - Articles: 5
3:28 PM, 1st March 2022, About 4 years ago
Reply to the comment left by Christopher Lee at 27/02/2022 – 06:28
yep all that !