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Landlords having to be responsible for Kitchen fitted Electrical items

Started by football1966, October 25, 2018, 02:12:39 PM

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football1966

Hello I am new on this forum please excuse my naivety. I have been a landlord for a number of years and have a few properties. Suddenly in the last few weeks I have had 2 broken dishwashers, 3 washing machines, 2 ovens all of which are not be finanically viable to be repaired. I have said to my letting agent I will replace the said items but I do not want to be responsible for them when they go wrong again. Furthermore all new renewing tenancy agreements to clearly state that as Landlord I am not responsible for their electrical kitchen items. I have suggested to Letting agent that for potential new tenants that it is explained to them that if they take on the tenancy that they are responsible for all kichen electrical items. If they want to bring in their own items no problem. I will honour the existing agreements until they run out.

My agent has just said that  "Section 11 of the housing act you as a landlord are responsible for any fitted appliance and added therefore didnt think it is a good idea to insert this clause into any agreement."

Can anyone on the forum advise  how they deal with similar issues or is there tried and tested ways to cover me on this problem. AS I am sure many out there will experience nothing lasts as long in rented accomodation as it does in our personal homes and I do not buy the cheapest available for my tenants

Martha

Quote from: football1966 on October 25, 2018, 02:12:39 PM
Hello I am new on this forum please excuse my naivety. I have been a landlord for a number of years and have a few properties. Suddenly in the last few weeks I have had 2 broken dishwashers, 3 washing machines, 2 ovens all of which are not be finanically viable to be repaired. I have said to my letting agent I will replace the said items but I do not want to be responsible for them when they go wrong again. Furthermore all new renewing tenancy agreements to clearly state that as Landlord I am not responsible for their electrical kitchen items. I have suggested to Letting agent that for potential new tenants that it is explained to them that if they take on the tenancy that they are responsible for all kichen electrical items. If they want to bring in their own items no problem. I will honour the existing agreements until they run out.

My agent has just said that  "Section 11 of the housing act you as a landlord are responsible for any fitted appliance and added therefore didnt think it is a good idea to insert this clause into any agreement."

Can anyone on the forum advise  how they deal with similar issues or is there tried and tested ways to cover me on this problem. AS I am sure many out there will experience nothing lasts as long in rented accomodation as it does in our personal homes and I do not buy the cheapest available for my tenants

I thought that part of Section 11 says this

11 Repairing obligations in short leases.
(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—
(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

Which suggests that white goods are not the responsibility of the landlord.

However, I always keep fitted equipment to a minimum and anything I do provide, I do take responsibility for.
I certainly dont provide any white goods :-)

madferret

Fascinating and reassuring to see that legislation does support the fact that landlords are not the responsibility of the landlord. I have always assumed that where a LL has provided white goods, it would be reasonable for the tenant to expect the LL to assume responsibility. If I was a tenant, I would implicitly assume that I am paying for everything that is supplied.

Like Martha, I keep white goods in my property to a bare minimum. However I have a conduction hob, oven and fridge, all of which have been PAT tested. I wonder who would be responsible for damage caused by any electrical fire involving white goods be supplied by the LL?

Answers on a postcard 😀

Hippogriff

I think a Section 11 is self-explanatory too.

However, I go against it and accept that whatever I provide I am responsible for. Most properties I let have the full set of gear, including dishwasher.

I swallow this because my moral position overrides the legal one.

I always try to buy Bosch as well. I've had really good experience with Bosch gear survivability. There was some kind of catastrophic electrical surge in one property once, we'll never know what really happened, but the washing machine and the fridge died together... the Bosch gear all survived. Anecdotal for you, empirical evidence for me. ;-)