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Pattoe
21-06-2007, 15:52 PM
Hello,

I'm so glad there is a site like this.

ok, first of all heres the situation. I am currently living in a private rented property where I pay my rent through a letting agent which in turn deals with the landlord side of things.

The property:
This is a one bedroom first floor flat (converted terraced house or shop)

The problem:
I have just recently purchased a brand new washing machine (5 year warranty ect) with all the bells and whistles so to speak, and informed my letting agent of the purchase (2 weeks in advance) The day before the delivery, I am informed by the letting agency I am not allowed a washing machine in my flat, at the landlords request.

The reason for this. The property is not suitable for a washing machine, that is all he would give me, Then the nice chap at the agency said he (the landlord) had deliberately blocked the water main for the machine in order to avoid further use (its behind a kitchen worktop now).

There is nothing in my current tenancy agreement which I signed that stated I could or could not have a washing machine fitted at the premises. The only thing that stipulates a washing machine is not to leave it on when i go out??? (confused?)

Now the reason I believe he wont let me do it is because the previous tenant's washing machine leaked and damaged the property below, but this is only speculation.

Is there any legal right I have in this matter, and if so what would you kindly suggest in order to resolve my issue?

Pleasee help I am so frustrated with this agency and the landlord it seems like they just make the rules as they go along.

Kind Regards,
Chris (expensive washing machine shaped table owner)

jghomer
21-06-2007, 15:57 PM
I would doubt he can stop you fitting a washing machine, it would probably be an unfair contract term EVEN if it was contained in the tenancy! A WM is a pretty basic necessity for day to day life.

jeffrey
21-06-2007, 16:05 PM
Let's assume that the AST does not prohibit washing machines.
T is therefore under no restriction and can therefore instal one. Had L not wanted this, he should have included a prohibition in the AST.
As you state, the Agreement's obligations cannot be unilaterally altered unless it says so.

J4L
21-06-2007, 16:06 PM
Hi Chris,
I don't think your request is unreasonable at all.
Unless, like you suggest, that the landlord has had a previous experience with a washing machine leaking, can I see why he wouldn't want you to have one. surely any insurances would cover any mishaps!!
Surely everybody now needs a washing machine at home and not lots of trips to the launderette, it's a necessity these days, not a luxury.
As the Landlord makes all the rules as you pointed out the fact that it's written in to your agreement that you mustn't leave it on when you go out surely this is indirect permission to PUT one in!!
Dunno how far you are into your AST but i'd be threatening to leave if it were me.
I'm sure someone more legally minded will be on shortly to answer your question.
Gareth

Pattoe
21-06-2007, 16:20 PM
Thank you for your input so far

jeffrey
21-06-2007, 16:26 PM
There's even a Latin maxim to support our view: expressio unius excludere alterem.
OK, it means "The expression of one [item] to exclude another". By specifying something plucked out of the generality impliedly limits the scope of the factors applying to it. Other things could have been plucked out- but they weren't, and this is treated as a deliberate omission.
As your washing machine was not prohibited, it is impliedly allowed.

Ericthelobster
21-06-2007, 17:02 PM
How bizarre.
There is nothing in my current tenancy agreement which I signed that stated I could or could not have a washing machine fitted at the premises. The only thing that stipulates a washing machine is not to leave it on when i go out??? Well in that case, notwithstanding Jeffrey's legal advice, surely that clause implies the tenant will have a washing machine!

jeffrey
21-06-2007, 17:09 PM
How bizarre. Well in that case, notwithstanding Jeffrey's legal advice, surely that clause implies the tenant will have a washing machine!

Thank you, Eric, for that- I had not noticed the post cited.
I agree that the clause would be meaningless if T had no washing machine. Its presence therefore points towards a machine being OK.

Colincbayley
21-06-2007, 17:23 PM
Here we go, airing all our dirty washing in public again! :D

jeffrey
21-06-2007, 17:26 PM
Here we go, airing all our dirty washing in public again! :D

Ooh, Ethel, I don't know; but my Nick will...