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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To question whether this is legal?

35 replies

PyongyangKipperbang · 04/10/2022 15:16

In my DD's tenancy agreement. The washing machine is fucked but she is looking to leave in a couple of months. Doesnt seem right that he has no requirement to replace it but when she does it becomes his property! She wanted to provide her own but that wasnt an option apparently.

  1. Notwithstanding Schedule 2 Clause 5.1 the Parties agree that the Landlord will leave a Washing machine, cooker and fridge freezer in the Property for the Tenant’s useand enjoyment, however it is further agreed that:

· the Landlord will not will repair or replace the said equipment should it malfunction for any reason, including fair wear and tear

· the Tenant will make good or replace any parts which are the result of misuse by him, his guests or invitee. If the equipment is beyond economical repair the Tenant agrees to replace the item with one of a similar sort and value. Such item will then become the property of the Landlord at the end (or sooner determination) of the Tenancy

OP posts:
Bonbon21 · 04/10/2022 15:18

Can she get second hand machine cheaply and leave... after all if it even working it will be an upgrade on current one...

alloutoflunchideas · 04/10/2022 15:19

Did she query it when she signed the agreement?

can she just use a laundrette for now?

Echobelly · 04/10/2022 15:19

I don't think it's fair but it's also probably not illegal. This is why you really need to read contracts because you may be able to negotiate that sort of thing away before signing, though I appreciate when it comes to LL/Tenant relationships, the LL is likely to have the whip hand, but it's worth a try if you can.

alloutoflunchideas · 04/10/2022 15:20

the Tenant will make good or replace any parts which are the result of misuse by him, his guests or invitee. If the equipment is beyond economical repair the Tenant agrees to replace the item with one of a similar sort and value. Such item will then become the property of the Landlord at the end (or sooner determination) of the Tenancy

as they didn’t break it they don’t need to replace it

Youcancallmeirrelevant · 04/10/2022 15:20

Why on earth did she sign a tenancy agreement with that wording in?

Pretty sure as she signed the contract its legal, unfair, but maybe a lesson for your DD to read and negotiate contracts going forward

Thesearmsofmine · 04/10/2022 15:22

Did she misuse the machine leading to it beeaking?

Original poster
PyongyangKipperbang · 04/10/2022 15:23

She was 21, it was her first TA and she signed it before anyone else read it.

As you say, lesson learned.

The drum is come off its bearings, technically it still works but it makes some very bad scraping noises.

OP posts:
Original poster
PyongyangKipperbang · 04/10/2022 15:24

No misuse.

OP posts:
Threadkillacilla · 04/10/2022 15:25

Misuse is the important bit. As long as she only used it as recommended she isn't responsible.

Thesearmsofmine · 04/10/2022 15:25

PyongyangKipperbang · 04/10/2022 15:24

No misuse.

The clause states she would have to replace if misused. If there was no misuse then she doesn’t need to replace.

Threadkillacilla · 04/10/2022 15:26

It says misuse not wear and tear, she's fine.

BamBamBilla · 04/10/2022 15:26

Is the agreement a furnished or unfurnished tenancy?

ChessieFL · 04/10/2022 15:27

I read that second clause as saying that it only becomes the property of the landlord IF she has to replace it due to her misuse.

If she’s only replacing it because it’s worn out through fair wear and tear, and not through misuse, I can’t see that it says that this then becomes the property of the landlord. It’s still hers.

ChessieFL · 04/10/2022 15:28

I’m not a lawyer though!!

Original poster
PyongyangKipperbang · 04/10/2022 15:33

I read it that as long as it wasnt due to misuse, any replacement she buys is hers but I think he is likely to be an arsehole about it. She is prepared to fight her corner to get her deposit back if he tries to hang on to it under this clause.

She will hang on to the knackered one so it will still be there when she leaves.

OP posts:
thisplaceisweird · 04/10/2022 15:35

Can't she buy one, keep the one that's there somewhere and then swap them back before she moves out? Will likely be huge and in the way but solves the problem?

MarigoldMoonStone · 04/10/2022 15:37

I got my washing machine free off marketplace, tell her to keep her eyes peeled

Crumpleton · 04/10/2022 15:44

Threadkillacilla · 04/10/2022 15:26

It says misuse not wear and tear, she's fine.

the Landlord will not will repair or replace the said equipment should it malfunction for any reason, including fair wear and tear

Depends...she may have to replace..
What "fair wear and tear" covers.
OP if your DD is looking at moving on soon I'd have a look around on freecycle/face book acts of kindness type sites for a working machine, certainly wouldn't buy a new one if original was on its way out before hand.

dementedpixie · 04/10/2022 15:50

Citizens Advice says:

If your landlord supplied any electrical appliances, they are responsible for maintaining them and your tenancy agreement may give more information about this.

What she signed doesn't sound legal to me tbh

TeenDivided · 04/10/2022 15:52

She only has to replace it if she misuses it (which is fair enough).
She didn't misuse so landlord has to replace.

Original poster
PyongyangKipperbang · 04/10/2022 16:01

I dont think she is bothered about him not replacing it while she is still there, as I said she is hoping to move very soon, its the bit about her having to replace it and leave it there that seems dodgy.

OP posts:
dementedpixie · 04/10/2022 16:05

TeenDivided · 04/10/2022 15:52

She only has to replace it if she misuses it (which is fair enough).
She didn't misuse so landlord has to replace.

It also said:

the Landlord will not will repair or replace the said equipment should it malfunction for any reason, including fair wear and tear

Leave him with the non working one. I certainly wouldn't buy a new one and leave it behind

Threadkillacilla · 04/10/2022 16:09

He won't replace it (that's probably not enforceable because the rent presumably has a load for furnishings) but she doesn't have to either as I read it.
If she does buy a replacement make sure it's moved before she does.

LovedFedAndNoonesDead · 04/10/2022 16:13

I’d double check with Shelter but I don’t think clauses like that are deemed enforcible

HappyAsASandboy · 04/10/2022 16:17

As long as there was no misuse, neither party has to replace it.

If your DD wants to buy a new one/second hand one and then take it with her, the landlord would never know (or have any cause for redress).

Your DD must leave the existing washing machine in the property when she leaves, as it belongs to the landlord.