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Question

During the Tenancy (England) | England | Periodic and Other Visits (England)

Inherited contract – clarification on repair of white goods

3 May 2022 | 1 comment

Hi

We have all our properties with your own AST except one which is a property we purchased with tenant in situ.  We kept the (Whitegates) AST in place, as required to do so, which I can send you a copy of if required.

The property is rented out including white goods ( washer, dryer, fridge freezer) and the tenant has a problem with the washing machine.

My (non-legal!) reading of the contract is that the white goods are supplied on a non-repairing basis and are the tenants responsibility should they go wrong.  The washing machine has gone faulty and the tenant strongly believes the contract means I am responsible as the landlord.

My question is simply who do you believe is responsible further to the part of the contract the tenant has signed as below –

“4.4.7  Have the use of all appliances provided in the Property, as listed in the inventory save those which are noted as not working.  However, should any items require repair, or be beyond repair, the Landlord does not undertake to pay for any costs of repair or to replace the appliance, except those which the Landlord is required by law to maintain”

 

I though this looked fairly obvious that the contract is designed to confirm it is the tenants responsibility for repairs to the washing machine ? ( We have never supplied white goods historically and would generally never look to do it in future for this very reason ).  Or am I missing something ?

 

Thank you for your assistance,

 

Paul.

Answer

1 Comment

  1. guildy

    You will possibly notice our contracts have precisely the same term (we work closely with another firm who also provides agreements for some agents, so we often work together on various terms).

    It does mean that the landlord “does not undertake to repair …”.

    However, despite the term, we nevertheless hold the view that if a property includes some appliance and the rent includes the use of the said appliance, the landlord ought to repair it even if not contractually required. We intend that clause to be used where the tenant has caused some damage to the appliance, but it’s impossible to prove.

    However, all of that being said, you haven’t undertaken to repair, so you don’t have to.

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