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Nov, 2014

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  1. #1

    Unhappy Unfurnished House - Electric Cooker repairs?

    We rent a House through a lettings agent. Just got the renewed contract and we are puzzled by a section of the contract.

    There's an electric cooker installed which belongs to the landlord. This has always been here and is the only appliance in the otherwise unfurnished house.

    The contract claims the landlord is not responsible for the maintainice, repair or replacement of this appliance, and it's the tenants responsiblilty to repair or replace if required. Is this correct?

    The letting agents send an electricain every 12 months to do the PAT test on this appliance - so clearly they have some responsibility to ensure it's safe - but if it breaks down can they just leave it, or worst insist we as tenants fund a repair or replacement?

    Would be greatful for any views on this.

    Clangnuts

  2. #2
    Join Date
    Jan 2005
    Posts
    585

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    Any appliance provided by the landlord is the landlord's responsibility and if it breaks or needs repairing (other than damage you cause by being careless) it is the landlord who has to do so.

    A clause stating that you are responsible is deemed unfair and wouldn't hold up in court.

  3. #3
    investments Guest

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    I feel it would depend on what was agreed when you took the property originally. To put this clause into your contract now when you renew as an afterthought could be deemed unfair, particularly depending on what the initial agreement consisted of (verbally and in writing).

    If the property was let unfurnished, but a cooker was in the property for your use (but not to be maintained by the landlord) then it would be acceptable if stated on the agreement that in the event the cooker broke down it would not be replaced.

    If however, you rented the property on an unfurnished basis but with a cooker provided, and this is stated on the inventory, then it would be unfair to suddenly put a clause into the contract to say that it will not be maintained. It is unlikely that they would ever hold you responsible for the replacement of the appliance, as you suggested, and their point of adding this would be purely to avoid having to replace it when it does break down.

  4. #4
    Join Date
    Jan 2005
    Location
    Midlands
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    2,216

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    Such terms cannot be introduced like this IMHO. If a working cooker was installed when you took over the tenancy then part of your rent is for this cooker which must be maintained in a serviceable condition by the landlord - in the same way that you rent a telly.
    I have inherited some white goods which former tenants cannot be bothered to remove when moving on. They are checked for electrical safety but I always make clear to new tenants that they may have the benefit of them while they continue to work, but should they fail the tenant can either repair them or replace them with their own. Such items are not included on my inventories.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

  5. #5
    Join Date
    Jan 2005
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    5,105

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    Quote Originally Posted by P.Pilcher
    I have inherited some white goods which former tenants cannot be bothered to remove when moving on. They are checked for electrical safety but I always make clear to new tenants that they may have the benefit of them while they continue to work, but should they fail the tenant can either repair them or replace them with their own. Such items are not included on my inventories.
    So can you legally do that (ie absolve yourself of responsibility for said white goods)?

  6. #6

    Thumbs up

    The cooker has always been here, and is included in the inventory. The house was described as unfurnished with electric cooker.

    From the replies, I'd say they are responsible for it's maintainance and replacement if required.

    Thanks for the replies. It's still working fine - but it's good to know whats what with this contract term. The letting agents have tried it on with other things over the years - which thanks to this forum I've been able to correct them on.

    Clangnuts

  7. #7
    Join Date
    Jan 2005
    Location
    Midlands
    Posts
    2,216

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    I see no reason why not Eric: After all the tenant is informed about it before he accepts the tenancy. His choice is simple: accept my terms or I will remove the item now. Obviously its electrical safety has to be checked but that is all I do.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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