Tenancy agreement: White goods responsibility?

Russinating

Russinating

Russinating

Soldato
Joined
27 Dec 2005
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Bristol
Just been emailed a tenancy agreement to read over before signing tomorrow and it has the following very near the end (ie rest is bog standard, this has probably been added my the landlord)...

2 NON REPAIRING CLAUSE

These items are there for the tenant to use however the Landlord is under no obligation to repair or replace them should they become faulty:

• Furniture listed in Inventory.
• Washing machine.
• Fridge.
• Microwave.
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I understand about furniture (although that's a bit iffy when it comes to sofas) and microwave (wasn't 100% as to whether one would be supplied anyway) but washing machine and fridge seem a bit far fetched. Both these things could die at any time and there's certainly no way we'd buy either of these things given it's only a 6 month lease and the flat itself is fully furnished.

This isn't the case in my current flat as the washing machine was replaced earlier this year when it went to the grave, but is this normal? Of course "under no obligation" doesn't mean they won't but I don't exactly want to take the risk.
 
It's legit to do this - the law does not require maintenance of the white goods under the landlords Section 11 repairing obligations.

"under no obligation" means "you think I'm going to pay. Serious?"

Avoid...
 
personally, I would avoid if they wont change to more conventional contract.

Don't think there is anythong to stop them from doing this legally.
 
Wow not see that before, took 9 months for our current agents/landlord to replace the fridge that went wrong. Muppets!
 
Dont see the problem.
If the washing machine breaks you replace it. If you then move you take your replacement washing machine with you because you purchased it.
 
wow, ive never seen that before. the washing machine in my last hose died within about 2 months of me moving in and it was replaced with a shiny new one with no fuss whatsoever.
 
I've never seen this in an tenancy agreement, but I would avoid if possible. I have had issues with other agreements because I didn't understand them 100% beforehand.

Challenge it. You might get your way, no landlord wants their property empty.
 
Russinating said:
Does that mean that if this clause wasn't in the contract specifically then this would still be the case?
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Not sure, but probably.

I have seen two arguments. The first is that the landlord's obligations are clearly spelled out in statute and do not include white goods. Any maintenance or replacement of said white goods is therefore not mandatory.

The second is that, absent any clause to the contrary, the supply of white goods by the landlord creates an implied term that the landlord will maintain them. After all, you cannot provide your own washing machine if the landlord has one already fitted.

Only a court can decide - best to avoid those that force it on the tenant and hope you never have the argument when something breaks. A decent landlord would fix it anyway if he has any interest in keeping a good tenant long term.
 
Yeah, it's quite a unique situation that we're in.

The flat is owned by a private landlord (older couple) and it's their only rental property. It's a two-bed and it used to be lived in by their son and... me, albeit 2 years ago. I lived there for 7 months and moved out to live in a larger flatshare literally across the road.

I saw him moving out a month or so ago and seeing as me and my girlfriend were looking for a place I emailed her on the off chance they were renting it. They are and it's worked out quite well for everyone as they haven't gone to any agencies yet so they've avoided all that hassle and fees, as have we. They're decent people (she's a vicar), but it's obviously just a standard template they've used as they're not property experts.

Anyway I've emailed her and she's said it's a fair point and is going to speak to her husband tonight then get back to me.

At the end of the day if the washing machine broke and then we moved out they'd have to replace it anyway because I've never known of a property be let without white goods. To me it comes in the same group of items as baths/showers/permanent fixings etc.
 
Russinating said:
Yeah, it's quite a unique situation that we're in.

The flat is owned by a private landlord (older couple) and it's their only rental property. It's a two-bed and it used to be lived in by their son and... me, albeit 2 years ago. I lived there for 7 months and moved out to live in a larger flatshare literally across the road.

I saw him moving out a month or so ago and seeing as me and my girlfriend were looking for a place I emailed her on the off chance they were renting it. They are and it's worked out quite well for everyone as they haven't gone to any agencies yet so they've avoided all that hassle and fees, as have we. They're decent people (she's a vicar), but it's obviously just a standard template they've used as they're not property experts.

Anyway I've emailed her and she's said it's a fair point and is going to speak to her husband tonight then get back to me.

At the end of the day if the washing machine broke and then we moved out they'd have to replace it anyway because I've never known of a property be let without white goods. To me it comes in the same group of items as baths/showers/permanent fixings etc.
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I have never had any white goods as part of a rental agreement.
 
I was actually interested in this thread as the same stipulations have been made in my tenancy agreement. I do wonder what would happen if something were to break.
 
mattyprice4004 said:
I have never had any white goods as part of a rental agreement.
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Nor I.

However, I can kind of see the point of this clause. If I rented out a house complete with white goods and the tenant broke say the washing machine by leaving a brick in their pocket or whatever, why should I have to fix it?

However, why should the tenant have to fix it if it broke on its own accord? I'm also of the view that if things are provided then they should work/be fit for purpose.... tis a tricky one. But as I said, I've never rented a house where white goods were provided; I've always had to provide my own.

How could anyone prove what caused it, really?

Just see what the landlady/lord come back with. - Oh why did I miss that post saying what had happened?:)
 
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