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Apr, 2014

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  1. #11
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    Quote Originally Posted by jjlandlord View Post
    I've read people stating this before.
    However, I've also read legally trained people stating that, even if part of inventory, there is no obligation to repair unless expressly stated in contract ( which I understand is the default position at common law )

    Are there references, case law, etc. regarding Phlash's claim above?
    I have read through my legal book and have not found any particularly relevant cases. But most similar (albeit non-property) related queries state that a specific exclusion needs to be in place otherwise it is assumed that the item is supplied fit for purpose. A common sense approach would be that value would be attributed to a fully furnished property and one would hope to receive a higher rent for it. To rent a property with a Fridge Freezer in it, that actually is non-functional clearly would be misrepresentation. It defies the purpose of having a Fridge Freezer in the property.
    The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the salient facts BSc (Hons)

  2. #12
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    Thanks for the reply, MrJohnnyB.

    Quote Originally Posted by MrJohnnyB View Post
    ... a specific exclusion needs to be in place otherwise it is assumed that the item is supplied fit for purpose. ... To rent a property with a Fridge Freezer in it, that actually is non-functional clearly would be misrepresentation. It defies the purpose of having a Fridge Freezer in the property.
    I agree with all the above.
    However the question really is what are the obligations (if any) if that supplied Fridge Freezer, which was indeed fit for purpose at the beginning of the tenancy, suddenly either breaks down or, worse, breaks down so as to be beyond repairs.

    In my previous post I gave my understanding of comments by legally trained members of this and other forums.

    However, I periodically read, as above, a different opinion that if appliance is provided there is an 'implied' obligation to repair it, but I could never get any reference to back that claim.
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  3. #13
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    Quote Originally Posted by jjlandlord View Post
    Thanks for the reply, MrJohnnyB.



    I agree with all the above.
    However the question really is what are the obligations (if any) if that supplied Fridge Freezer, which was indeed fit for purpose at the beginning of the tenancy, suddenly either breaks down or, worse, breaks down so as to be beyond repairs.

    In my previous post I gave my understanding of comments by legally trained members of this and other forums.

    However, I periodically read, as above, a different opinion that if appliance is provided there is an 'implied' obligation to repair it, but I could never get any reference to back that claim.
    Furniture and Appliances

    Although the law is not clear on the point, it is generally accepted that landlords are responsible for maintaining any furniture, appliances or other items supplied as part of the 'package' for the benefit of the tenant. The recent demands made of landlords with regard to furniture, furnishings and electrical appliances will inevitably lead to much furnished accommodation being withdrawn from the market or replaced with unfurnished lettings.
    Furniture in the strictest sense requires little maintenance, whereas cookers, washing machines and general electrical appliances will require occasional maintenance and repair. When they break down, it is reasonable for the tenants to expect landlords to be responsible for repairs or replacement unless it can be shown that the failure or damage has occurred through the tenant's negligence or other misuse. Where repair is not possible, it would be expected that an equivalent replacement would be supplied.

    The exception to the above rule is where the landlord has made a prior agreement with the tenant that such items will not be repaired or maintained in this way. The solution being adopted by some landlords and agents is to ask tenants to contribute (either partially or otherwise) to the costs of maintenance and repairs on such items. From a liability point of view, landlords are now well advised to minimise the number of appliances included in rented property.


    Quoted from Letlink (http://www.letlink.co.uk/articles/di...d-tenants.html)...

    To be honest, I have searched and searched and am unable to find any relevant cases, doesn't look a particularly settled area of law. I would therefore presume a judge would side with the consumer...
    The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the salient facts BSc (Hons)

  4. #14
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    jjlandlord I have also found the following: -

    The Housing Health and Safety Rating System: Guide for Landlords and
    Property Related Professionals was produced by the government in 2006.
    It is still relevant and includes advice on inspections and assessment of
    hazards under Section 9. The Housing Health and Safety Rating System
    (HHSRS) Operating Guidance Guide can be accessed at www.communities.
    gov.uk/documents/housing/pdf/142631.pdf
    Each property will have its own hazards depending upon its location, age,
    construction, design, state of repair and so on but landlords must take
    steps to make sure that the dwelling provides both a safe and healthy
    environment.
    For enforcement purposes the landlord is responsible for the provision,
    state and proper working order of:
    • the exterior and structural elements of the dwelling
    - this includes all elements essential to the dwelling including
    access, amenity spaces, the common parts within the
    landlord’s control, associated outbuildings, garden, yard walls
    etc;
    • the installations within and associated with the dwelling for:
    - the supply and use of water, gas and electricity
    - personal hygiene, sanitation and drainage
    - food safety
    - ventilation
    - space heating, and
    - heating water.
    It includes fixtures and fittings, but excludes moveable appliances unless provided by the landlord.
    from http://www.anuk.org.uk/Information/L...l_Chapter2.pdf
    The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the salient facts BSc (Hons)

  5. #15
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    Thanks for these.

    Regarding the second reference, I also found this:
    http://www.letlink.co.uk/letting-fac...ng-system.html

    Is it suggesting that a landlord should keep a fridge he provided in working order for health and safety reasons?
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