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Original poster

Landlord vs in situ washing machine

56 replies

JParkson · 27/07/2017 17:52

Hi everyone

I'm posting here for traffic.

I rent a house, have lived here for 2+ years. The house came with a washing machine and cooker.

They were both on the inventory. The washing machine was mouldy when I moved in. I cleaned it and have used it since even though it's prone to mould.

It packed up over the weekend, electrical fault traced to the main circuit board.

The agency are aware, got their repair dude to check it, contacted the landlord and said they'd let me know whether he's repair it or not.

My landlord has now turned around and said that actually the machine was left by a previous tenant (his family!) and therefore he's not replacing or repairing it.

The agency aren't being much help either. I've pushed that it's on the inventory, and checked my contract but it's rather vague about the Landlord's obligations.

Do I have a leg to stand on or do I have to fork out for a replacement machine?

Thank you for any advice.

OP posts:
x2boys · 27/07/2017 20:21

I had a similar issue in that the washing machine broke in a house I was private renting it was an integrated thing so he replaced it without question i actually had my own but couldnt use that as it didnt fit into the space .

Allthebestnamesareused · 27/07/2017 20:25

There is no legal obligation for a ladnlord to test anything electrical (merely to have a gas safety certificate) although it would be good practice to do so.

If it is on the inventory and was working when you moved in it should be the LL's responsibility.

If however it is your preference to have your own you should ask the Landlord to dispose of the broken one and amend the inventory (this can be by a side letter) confirming that you have provided the replacement and that it will remain your property when you leave the property.

specialsubject · 27/07/2017 20:34

It is on the inventory as supplied. Landlord fixes it.

What other rules do he and the agent make up as they go?

anotherdayanothersquabble · 27/07/2017 20:35

Our agents advised us that we could leave our white goods and state on our contract that we wouldn't replace if they failed. In the end we replaced a fridge freezer and a range stove.. we were good landlords!

UserThenLotsOfNumbers · 27/07/2017 20:41

You can speak to Shelter or CAB re advice. Also to add if you do buy a new machine, keep the old one and leave the old one behind when you leave the property!

DuchessofManchester · 27/07/2017 20:48

Do not stand down on this! I had the same problem with my landlord earlier this year. Washing machine broke and when I rang landlord was told they're only responsible for fridge and cooker. Convenient as my cooker and fridge were working perfectly. All 3 were on inventory.
Be careful if they offer you a sum of money towards a new one as you don't know if they'll try to claim the money back if you leave.
On the inventory...their responsibility.

BannedFromNarnia · 27/07/2017 20:48

I've been renting for 18 years and have never ever moved somewhere without white goods. I don't think it's normal for rentals to not have them at all.

I'm sure it's quite possible to find somewhere without but if they're provided and they're on the inventory then the landlord should be dealing with it.

cluelessnewmum · 27/07/2017 21:36

OP it is definitely your landlord's responsibility to replace it if on inventory.

I am a landlord and with electrical items you're meant to have an electrical safety certificate every 5 years that shows a qualified electrician has checked all the appliances to certify they are safe for use. Gas is every year.

I always get rid of toasters, kettles etc tenants leave behind as I don't want to have to pay to get them checked as well and my conscience is clear that I know the stuff I've provided has been checked and is safe.

Ask your agent for the electrical safety certificate as your landlord won't have one if he doesn't count it as part of the property. And if he did that proves it was part of the house and therefore should be replaced.

It is against the law to not have one and the estate agent is also at fault for not checking there is an up to date one. So the likelihood is that your landlord and the agent will crap themselves a bit and just replace it.

I'm sure ARLA would intervene on your behalf if necessary but I would have thought the above will be sufficient to get a new washing machine. And don't let them get away with waiting ages either, as far as you're concerned it was included so contractually you're obliged to replace it quickly, couple of weeks max I'd say.

cluelessnewmum · 27/07/2017 21:40

Apologies my mistake, electrical safety certificate is not obligatory unless an HMO.

But still worth asking for that and gas safety certificate (that is definitely the law!).

If it's on the inventory and there was no stipulation it wasn't included in the rental he has no leg to stand on.

Leaspr · 27/07/2017 22:01

As far as I'm aware the landlord isn't obligated to provide a washing machine in an unfurnished property.
If it is on the inventory it is just because it is theirs. They don't have to replace it if it breaks but they are covered if the tenant damages anything in the inventory list. I think that if they don't want to replace it though and it's broken through general wear and tear them they should at least cover the cost of removing it from the property.

HaudYerWheeshtBawbag · 27/07/2017 22:05

The landlord by law does not have to change the washing machine just because it's on the inventory, it's in the inventory as it's in the house, however they have no legal responsibity to renew or replace!

However if the contract stated they will change it as part of there terms and agreements then they do have responsibility, you need to check the wording on your contract.

Original poster
JParkson · 28/07/2017 12:47

Wow lots of info here.

Ok thank you newmum, I'll ask for the certificates.

My landlord (or his rep at least) is a bit of an ar $ehole, so I seriously doubt I'm going to get much from them - I was threatened with eviction at the end of last year due to not cleaning a toilet and because mould was growing round a couple of windows. When I pointed out that the mould meant the house was poorly ventilated they said I needed to keep my windows open more.... in winter.... I said I'd send them my heating bill.

They then set up weekly house inspections.

Such delightful people.

I don't feel safe here so am constantly worried about appearing to be a troublesome tenant. I'll see what the agency say but I'm not holding my breath.

Thank you for all your advice. Here's hoping he gains a conscience....

OP posts:
Original poster
JParkson · 28/07/2017 12:49

Ps the contract seems to be deliberately vague with regards to the appliances. Nothing is specifically mentioned, nor omitted in kind.

Only the standard (I think) bit about gas and electricity supplies, and heating and water stuff.

OP posts:
BlurryFace · 28/07/2017 13:06

Fucking hell OP, I'd be looking for somewhere else (I know it's not as easy as that) but setting up weekly inspections out of spite?

If you replace the washing machine, get it in writing that it is a different machine to the one in the inventory, that the LL declines to replace the one he provided and keep it with the receipt/warranty paperwork.

MissWimpyDimple · 28/07/2017 13:35

I'm a letting agent.

It's his responsibility as it's on the inventory. If you replace or remove make sure you have it in writing that the landlord has agreed.

Landlord NOT obliged to provide electrical safety cert at this point.

If he didn't want responsibility for the washing machine he would have had to "gift" it to you.

Your agency sound crap!

Hissy · 28/07/2017 14:02

I have heard very recently that there was a case recently that means that a LL isn't automatically responsible for replacing appliances that pack up during a tenancy. Court case went through the other week, although can't find details.

I would say that if the LL is refusing to replace, then inform the agent that you will be removing the one on the inventory and buying your own, which you will take with you when you move.

But actually, your LL is so much of an arsehole, you are better off investing in a deposit elsewhere and leaving him to it.

AntiHop · 28/07/2017 14:08

Your local council might have a private tenancy support team. I found the one at my local council very helpful.

Good luck.

upinmygrill · 28/07/2017 14:15

We had a similar situation with a dreadful ex landlord. Ours broke (was part of the inventory ) and when I rang him he asked how I felt about buying a new one myself. I said I didn't feel too good about it and he agreed to supply one- he must have gone the tip for it as he one he then supplied was shit and damaged our clothes.

HipsterHunter · 28/07/2017 14:55

It solely depends o the wording of the contract, just because it's on the inventory does not mean the landlord is responsible for repairs or renewal.

This is NOT TRUE.

It is on the inventory - it is his and he has to repair it.

MatildaTheCat · 28/07/2017 15:02

I'm a LL in exactly this position right now. WM has packed up so I will be fixing / replacing it. Just because it was left by a previous tenant means nothing. The flat was rented to you with it in situ. If you had removed it I doubt that would have thought that was ok.

The issue is that if you move, and maybe you should,mthe next place wil probably have one so you will have a nearly new WM on your hands. Fight to get it repaired and then look to move.

Original poster
JParkson · 28/07/2017 23:07

Thank you all so much.

I phoned Shelter and we went through all my paperwork. Unfortunately it looks like I will have to replace the washing machine myself - the contract defines "appliances to provide space heating and water heating" but not specifically anything else. They advised I could go to court but chances of winning are slim as the wording is so vague.

We also talked about the behaviour of the landlord and the agency during the winter - they were out of line. There is a clause in my contract that says I should be left in peace! I'm not causing physical damage to the property, I'm quick to notify the agency of any problems. Therefore the landlord shouldn't be getting pernickety because it's not kept in show home condition at all times..... It's a working family household!

They've sent me some fab info to support me if at any point the landlord decides to try and evict me for, well, living!

Believe you me I've been looking for somewhere else to live but it's a challenge. Single mum, apprentice wage and 3 kids with childcare for 2 means not a lot spare for scraping a deposit together. I'm on my local council waiting list but I'm classed as open market as I have too many bedrooms. (Long story following marriage breakup 2 years ago).

I'm between a rock and a hard place as price-wise, there isn't much cheaper on the market without sacrificing a good area and also support for my DS (14) for school. Where we live at the moment, we qualify for a free bus for him to school. If I move to the local big town I'll get lumped with best part of a £500 per year bus bill just for starters. So I'm trying to avoid that if possible. I'd also have to start again from scratch with the council housing waiting list as they have their own council separate from the county we live in.

Something will come up though so I just need to sit tight and get by as well as I can.

I am blessed with a supportive family though so my dad will help me get a new machine at a decent price, and my brother has said he'll help with a deposit if I can find somewhere.

Thank you again for all your advice and support Flowers

OP posts:
HaudYerWheeshtBawbag · 28/07/2017 23:56

This is NOT TRUE.

It is on the inventory - it is his and he has to repair it.

No it is true, and the inventory does not mean a LL has to renew or repair. You need to read the wording on the contract!.

OP thank you for the update, hope you get something sorted house wise.

PersianCatLady · 29/07/2017 00:48

Who could I ask for professional advice? Is that going to be CAB?
I would ask Shelter myself.

PersianCatLady · 29/07/2017 01:12

Sorry I had a complete memory block earlier and now I remember the following.

LL does not have to repair or replace white goods unless they have specifically stated in the AST that they will do so.

Section 11 Landlord and Tenant Act 1985 specifically states the repair obligations of the LL and it does not mention white goods at all.

Therefore check your AST.