Tenancy - Faulty washing machines

Ghosteh

Ghosteh

Ghosteh

Soldato
Joined
18 Mar 2006
Posts
4,148
Location
Liverpool
Hi guys, got a quick question regarding where we stand with a faulty washing machine and a tenancy agreement.

Me and my partner recently started renting a property just before Christmas, and we moved in on the 15th. On that day after getting all our stuff moved in, we tried to put on a load of washing, but the washing machine failed to work. It turns on and starts a cycle, but after a couple of minutes it stops, and flashes an error code.

We reported this the next day to our letting agent, as well as mentioning it on the inventory. It had been listed with Soap Tray Dirty as a note, but other than that, it had been assumed working, until we made the discovery otherwise.

As this was all so close to Christmas, and me and my partner going away to see family, we didn't hear anything back till Yesterday. The landlord is stating that it must have been a previous tenants, and that it could cost a lot to fix. Our letting agent is waiting to find out the landlords instructions on what they want to do.

Where do we stand with this, this was on the inventory, and hasn't worked from day one. Are they under any obligation to get it fixed/replaced. There is nothing specific in the tenancy agreement in the repairs section when it comes to white goods, only that goods supplied by the landlord must be looked after.

When we viewed the property, there was also a fridge, we specifically asked the letting agent about what white goods were provided, and they said the fridge wasn't, but the rest was. Surely this should mean that it should be provided in a working state?
 
The landlord is under obligation to maintain his own appliances, i.e. those provided with the property.

It is his obligation to repair it regardless of what it costs him.
 
If the landlord can prove that it worked before the last tenants left, and when you moved in. Then he could count you to liable for damaging it.

The landlord has stated that 'it must have been the previous tenants', and because of this he must replace it for you. Expect a second hand washing machine, which may not last long.
 
Landlords are not liable for repairs. However since it was there when you took the lease and completed the inventory in theory it was part of the agreement regardless of if it was left there or provided by landlord you might be able to argue that its unsafe and as such needs replacing.

I almost got done a while ago on a rental the previous tenant left leaving their broken dishwasher I ended up buying a new one for the new tenants as they took the place on the basis of it all being included. The old tenant came round to pick up "his dishwasher that he forgot".
 
It's not relevant whether the previous tenants broke it or whether it just failed, like cheap white goods like to do. They have to fix it for you, if they decide they want to bill the previous tenant for it then that's up to them, but it shouldn't delay you getting your stuff repaired.

I was once told that a let was "sold as seen" and since something didn't work properly when I viewed the house then they didn't have to fix it. It's hilarious what some agents/landlords try to get away with.
 
As has been said if it was there when you moved it then the landlord is liable to repair or replace, the replacement may be cheap crap but that's the risk you take.
 
If the goods were provided by the landlord then yes. If they were "left by previous tenant" then they're not are they? Honestly just sounds like a someone trying to get out of fixing it.
 
Last edited:
I would argue if they were there on the viewing/photos and nobody mentioned they weren't part of the agreement that it's the landlord's problem.
 
Mynight said:
If the goods were provided by the landlord then yes. If they were "left by previous tenant" then they're not are they? Honestly just sounds like a someone trying to get out of fixing it.
Click to expand...

Then they should have been removed by the landlord, if it's there when you move in they're liable.
 
White goods are not part of the landlord's statutory repairing obligations (you can read it yourself in section 11 of the Housing Act) if you live in England.

Any obligation would therefore be contractual. It would normally be covered as an explicit term.

Any landlord that is not a douche would repair it *if* they provided it. It isn't uncommon for white goods to be left by a tenant for future tenants with the landlord having nothing to do with them.

Your argument would be that by including a washing machine in the property, there is an implicit contractual obligation to maintain the appliance. The landlord will argue that there is no statutory of explicit contractual obligation and the white goods were provided as-is.

What does the landlord want you to do with it? They should repair or remove if you aren't going to repair.

I would write stating that by inclusion on the inventory and by the answer the agent gave you in the viewing, the white goods (except the fridge) are part of the tenancy contract and there is the implicit obligation to maintain them.

If the landlord disagrees, you have little recourse. You could sue in small claims, but might lose and would certainly be evicted asap (at the end of the fixed term). You can't use rent money for repairs, as Lee Parker v Isset, in this case as I understand it.
 
Why do tenancy issues always mean each party turns into an amateur solicitor?

Call agency/landlord and talk like actual humans to reach an amicable solution.

Always worked for me.
 
Sorry, to add when I say previous tentant, I don't mean it was damaged by previous, but it must have belong to the previous tenants. If that's the case, would it be on the inventory? That's why I mentioned about the fridges, which were also previous tenants, and they were taken away prior to us moving in. Seems a bit odd that the washing machine is now the previous tenants too.

The fault is nothing that could have been caused by us, reading the fault description after a quick Google, it sounds like one of the PCB's has failed, which is quite an expensive repair apparently.

We're still waiting to hear back from the landlord/letting agent, but I'm just trying to pre-empt them trying to get out of it, seen as they've already mentioned it being a previous tenants machine..
 
You must log in or register to reply here.
Back
Top Bottom