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Bloody Landlords


legendswraith
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What is it with people who extract extortionate rents out of you and then try to refuse to honour the contract they got you to sign.

Washing machine went belly up last week so i got in contact with the agents to get them to sort it out, agents keep trying to tell me its my responsibility to repair/replace it. Got another email back off them today stating exactly the same after i told them i would be seeking legal advice on the matter.

So now i've told them if they don't replace it by next week i will get one myself then seek legal recourse to recover my expenditure.

If anyone has any experience of this kind of situation from either end i'd like to hear about it. Personally i think i have them bang to rights on this one. Do you think i am being unreasonable by only giving them 14 days from the issue of the complaint etc.

In these cases its good to get an external opinion as you can get tunnel vision and miss things

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No, the 14 days is fine. The problem might be the nature of the contract - if it was an unfurnished place and the washing machine was simply left there as a convenience so you didn't have to buy one, then it's your job to replace it. If it was supplied as part of the flat, in the same manner as the boiler might have been, then it's the landlord's job to fix it or replace it.

Why are they saying it's your job to sort it out? IME agents usually take the easiest option, it's not their money either way, so they are usually right about things like that. Sounds like you need to speak to them to get some proper feedback as to why they are sending the letter.

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What is it with people who extract extortionate rents out of you and then try to refuse to honour the contract they got you to sign.

Washing machine went belly up last week so i got in contact with the agents to get them to sort it out, agents keep trying to tell me its my responsibility to repair/replace it. Got another email back off them today stating exactly the same after i told them i would be seeking legal advice on the matter.

So now i've told them if they don't replace it by next week i will get one myself then seek legal recourse to recover my expenditure.

If anyone has any experience of this kind of situation from either end i'd like to hear about it. Personally i think i have them bang to rights on this one. Do you think i am being unreasonable by only giving them 14 days from the issue of the complaint etc.

In these cases its good to get an external opinion as you can get tunnel vision and miss things

I did this once with a house i rent out, contents was part of the deal, thay dont have washing machine so left working on for them, told them that if it ever stopped working, it was nothing to do with me, as contract said, no contents, when it stopped working i get call, wanting new one. I just took the old one away and never replaced it, as it was not part of the contract, so you must look at what your contract says.

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What is it with people who extract extortionate rents out of you and then try to refuse to honour the contract they got you to sign.

Washing machine went belly up last week so i got in contact with the agents to get them to sort it out, agents keep trying to tell me its my responsibility to repair/replace it. Got another email back off them today stating exactly the same after i told them i would be seeking legal advice on the matter.

So now i've told them if they don't replace it by next week i will get one myself then seek legal recourse to recover my expenditure.

If anyone has any experience of this kind of situation from either end i'd like to hear about it. Personally i think i have them bang to rights on this one. Do you think i am being unreasonable by only giving them 14 days from the issue of the complaint etc.

In these cases its good to get an external opinion as you can get tunnel vision and miss things

I did this once with a house i rent out, contents was part of the deal, thay dont have washing machine so left working on for them, told them that if it ever stopped working, it was nothing to do with me, as contract said, no contents, when it stopped working i get call, wanting new one. I just took the old one away and never replaced it, as it was not part of the contract, so you must look at what your contract says.

Well considering after 6months and 16 phonecalls for an itinery which has never turned up if it had not been on the itinery then i would have just got one myself. Originally they left in the fridge and freezer which i was told were there till they broke which is fair enough i have already bought a new fridge i only got in contact with them to make sure they were not expecting me to leave it when i terminated the agreement.

The contract says under landlords obligations " to ensure that gas, electric and other similar mechanical appliances in the premisis for which he is responsible are safe, in proper working order and in repair both at the commencement of, and during the tenanacy"

As i have no written agreement stating the washing machine, fridge and freezer are not covered technically i could have demanded they replace the fridge as well, but as i was told prior to the let that they were only there for convenience it would be dishonourable to have followed that course of action.

I actually got rid of a washing machine because there was one provided if i had forseen this i wouldn't have bothered and got them to remove their own prior to the commencement of the tenancy

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I would suggest that maybe you should consult C.A.B. with a copy of your tenancy agreement. If they cannot help they can arrange a short consultation with a solicitor or similar. the wording to me does not necessarily imply that the washing machine is covered as it does not appear to actually state what he is responsible for, it merely says "appliances in the premises for which he is responsible" without being at all specific about what is included and what isn't. Is a washing machine included on the inventory for the property? If it is then the landlord would struggle to evade his liability for it, but if it isn't, I would doubt that you would win.

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I would suggest that maybe you should consult C.A.B. with a copy of your tenancy agreement. If they cannot help they can arrange a short consultation with a solicitor or similar. the wording to me does not necessarily imply that the washing machine is covered as it does not appear to actually state what he is responsible for, it merely says "appliances in the premises for which he is responsible" without being at all specific about what is included and what isn't. Is a washing machine included on the inventory for the property? If it is then the landlord would struggle to evade his liability for it, but if it isn't, I would doubt that you would win.

From what i have been told off my relations who let property if the item is in the house at the beginning of the let then they are responsible for them, my aunt actually had to replace a TV she left as a good deed because she did not have anything in writing to say it was not covered.

As i said in my previous post i have asked for an inventory on 16 occasions and they have yet to supply one, so you could look at it 2 ways either they will say everything in the house they left is now mine or everything they left in the house is still theirs

I have already spoken to a solicitor who suggested i either demand a reduction in rent to cover the cost of the appliance or buy one and recover the cost through the court

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If you have never checked or signed an inventory it would be hard for your landlord to prove that he left anything in the house. I hope you get a good result on this. Fantastic timing though, week before Xmas!

Just one thought .....with no inventory......it wasn't an unfurnished let was it?

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pay half rent till they sort the problem then pay the rest then.

No it wasn't unfurnished there was the cooker and washing machine lol. Not paying the rent is a bit drastic for the level of inconvenience they are causing if it was a more important/major fault then i'd consider that approach.

Personally if i could get away with it i'd screw them for breach of contract and throw the tenancy in their face. I've had to clear rubbish remove old appliances from the garden and constantly chase broken gas appliances to be repaired.

And if the landlord decides to go down the i didn't leave anything in the house route he's playing with fire as i'll make sure that gets signed in the court then i'll nail him to the wall at the end of the tenancy. Like i've said before i'm fairly good natured but i can be vindictive :shifty:

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Blimey why let something so trivial get you down b4 Xmas.....its only a washing machine, throw away cheap white goods.

Whats he going to do? lower your rent by 20p over the next 18 months.

Move on ;)

Its the principle. Let people get away with principles the next thing they are invading poland and marching thru belgium history shows that :P. Besides £200 odd on a washing machine is £200 less on other things.

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So was there sofa, chairs, tables, bed, wardrobes etc. ? If so it's furnished / part furnished depending on what exactly is there. They do tend to say anything not on the inventory you can keep or throw, but then you didn't have an inventory. Did you or the agent take photos to show what was there before you moved in and condition?

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As suggested above, I would contact your local C.A.B as they can arrage a consultation with a

solicitor for 30 mins. Usually this is done for free :D

Already spoke to a solicitor mate it was the solicitor who told me if they fail to repair or provide a new item my recourse was to get one myself and recover it through the court or renegotiate the rental payments to reflect the value lost.

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As a lettings agent and private tenant myself it is pretty clear cut.

If the property was advertised as part furnished of fully furnished then the landlord is responsible for the repair as long as the fault wasn't down to the tenant.

As mentioned previously if the machine was left there as a convenience to the tenant then it is not the LLs responsibility to repair although we always state this when a tenancy is arranged.

May be worth digging through your paperwork to see what the state of play was when you took out the tenancy.

I'll take this oppertunity to apologise for my more un-scrupulous colleagues that give the rest of the industry a bad name. :)

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As a lettings agent and private tenant myself it is pretty clear cut.

If the property was advertised as part furnished of fully furnished then the landlord is responsible for the repair as long as the fault wasn't down to the tenant.

As mentioned previously if the machine was left there as a convenience to the tenant then it is not the LLs responsibility to repair although we always state this when a tenancy is arranged.

May be worth digging through your paperwork to see what the state of play was when you took out the tenancy.

I'll take this oppertunity to apologise for my more un-scrupulous colleagues that give the rest of the industry a bad name. :)

Good call that the summary of core terms says.

to include furniture, fixings and fittings as described in the inventory and schedule of condition.

That leads me to the other point i made that they have never turned up with an inventory to be checked/signed up despite my repeated calls/emails for one. Now i can take this as 2 ways 1 everything in the house that was left here is the responsibility of the landlord which tbh i disagree as we made the arrangement about the fridge and freezer nevertheless, 2 Nothing in the house is the property or responsibility of the landlord and if i am right about that legally thats really not something he wants to sign away.

Gave me an idea that though i just emailed the agents again and asked for a copy of the inventory as signed by myself or partner that confirms i agreed the items were not part of the let. Not sure if i have them by the hairy beanbag with that one but its got to be favourable

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Guest inicol63

Hi you first call of port is always read the contract.

I have a property that i let out and i really think you should find out if the item in question was part of the contract.

You can of course do both as a landlord.

If you still find out that you are correct then you can tell the landlord that if he does not replace the machine then you will.

Then you can claim your oney back through the small claims court, with cost and interest.

This can be claimed via the small claims online.

Good luck and remember that all landlords are not the same..

Ian

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Hi you first call of port is always read the contract.

I have a property that i let out and i really think you should find out if the item in question was part of the contract.

You can of course do both as a landlord.

If you still find out that you are correct then you can tell the landlord that if he does not replace the machine then you will.

Then you can claim your oney back through the small claims court, with cost and interest.

This can be claimed via the small claims online.

Good luck and remember that all landlords are not the same..

Ian

Unfortunately when i get a new landlord i seem to find the stinkers lol. Last one gave me permission to redecorate then put the house up for sale 2 weeks later fortunately i hadn't started otherwise he really would have been on my sh*tlist.

I've read the contract extracted the data checked the law taken the advice and tbh the whole thing revolves around the fact no inventory was ever produced despite my repeated requests. Personally (and from research) i think the court will find in my favour if they try to pull that one in court. What i am really hoping for is to get a copy of the inventory with a suppurious signature on it, that would make my year because then it falls into fraud and atm i really do think the agents are that stupid

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i like ones with exotic names :D

Whats going on with the forums anyway its getting a pain in the backside to read responses.

House was unfurnished apart from cooker and washing machine.

Still awaiting a response off the agents 3 days on as well.

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Whats going on with the forums anyway its getting a pain in the backside to read responses.

If you are not seeing the threads properly and can only see one reply at a time, try clicking the blue "options" box on the corner of your post, scroll to "Diplay Modes" and select "Standard". That should fix it.

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