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Question Title: Breakdown of Appliances
| Question: 270 |
| BREAKDOWN OF APPLIANCES - Landlord's or Tenant's Liability ? We have a problem that we hope you could clarify for us. The problem is thus: We have a tenant who has an unfurnished assured shorthold tenancy agreement. The tenant has occupied the property since April 1994. Although there is an inventory covering items such as curtains, carpets and some electrical items, i.e. washer / dryer, kettle, hoover. The problem is that the washer/dryer has broken down. The tenant insists it is the landlord's responsibility to repair or renew the machine. What is the legal responsibility of the landlord regarding this situation. There is no covenant in the agreement that states that either the tenant or landlords should repair or maintain such items. If indeed it is the responsibility of the landlord, must he replace like for like ? We have since June 1994 changed our agreements and this situation hopefully is now covered, making it the responsibility of the tenant to maintain all electrical items.
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| Answer: |
| Generally, if the property is let furnished, it is the responsibility of the landlord to maintain all those items that are included within the letting. The property could be considered as a package of items and benefits offered to the tenant when the property is let. By paying an agreed rent for this whole package, the tenant arguably has the right to expect that all items will be maintained in good order for the duration of the tenancy (unless an agreement has been made to the contrary at the outset). If replacement is necessary, then it is our view that the tenant can expect the landlord to replace 'like for like' (or a close equivalent) as it was on the basis of viewing such items that the tenant decided to rent the property originally. Your mention of amending your agreements brings us to an important point. Some agents are now inserting supplementary clauses or terms into their agreements which cover the responsibilities to maintain electrical appliances such as washing machines. Such a clause might commit the tenants to contribute towards maintenance costs of appliances either completely or partially. Exemptions can be made for the initial month or so, or where costs exceed a ceiling of say £100, so that tenants are not penalised for existing or major faults. This system has two notable benefits. Firstly, the landlord is not burdened with high repair costs for appliances - they are shared with the tenants on a more equitable basis. A less obvious benefit is a reduced level of call-outs; tenants will try first-level checks themselves (e.g. clearing out a blocked filter ) if they know that they are also liable for repair costs.
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Letting Handbook |
Chapter 11 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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