To question whether this is legal?

[PyongyangKipperbang]

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

I have rented out my property on an Assured Tenancy basis. The advice from agents and my landlord insurance was to exclude white goods from the rental and let the tenant supply there own. That seems totally daft given the market for my property (1 year lets to young professionals mainly), and given that the property already had white goods. The "compromise" is to leave them as a goodwill gesture but exclude them from the tenancy agreement using words like you have given. It is above board and very common, though as I've said above, your DD doesn't have to replace unless she misused the appliance.

Just because you sign a contract, it doesn’t automatically mean the terms are legally enforceable. The courts can decide that any or all of the terms within a contract are unenforceable and they can also decide that the whole contract becomes void.

Easiest option is to leave the old washing machine in place and visit a launderette until she moves out.

I would interpret that wording as meaning the tenant only has to replace it if it damaged as a result of misuse by her.

Could she buy a new one but keep hold of the broken one, when she moves out take her new one with her and leave the old broken machine in its place?

Landlords can leave electrical equipment in properties as ‘gifts’ say the previous tenant left them. He isn’t obliged to replace it but neither is she from the wording.

She hasn’t broken it though it’s just stopped working.

Send an email telling him stopped working due to fair wear and tear.

Tell him she will be arranging the installation of her own washing machine and he has two choices to either request that she keeps the old one in the property for him to dispose of at the end of the tenancy or dispose of it Prior to the installation of the new one and provided the written confirmation of this.

I'm sure it would have already have been said, but not got time to read all replies, that wording does not say if it packs up she has to get the LL a new machine.

It says that the landlord, regardless of the reason for it breaking, will not replace it and the tenant is only liable to replace it should their misuse or negligence be the reason for it no longer working.

Also I would read up on the unfair contract term legislation, as if a Contact disproportionately disadvantages one of the parties then it is automatically deemed to be unfair and is unenforceable.
She must not buy a new one for the LL, unless she or her guests deliberately or negligently damaged it, but she should let him know as it may be under warranty etc.

It only becomes his if she replaces it due to her own misuse. If the current machine isn't working she should ask him to remove it, buy a new one and take it with her when she leaves.

The current one works but poorly. Why doesn’t she buy a new one and take it with her and just swap the existing one back in when she goes. Plumbing in a new washing machine is fairly easy and then she isn’t stuck trying to get rid of the bloody thing

Just get it repaired.