OpenRent Community

Appliances- who is liable : tenant or landlord

Hello I am a landlord. I provided my house to let under the openrent AST tenancy.
I did the inventory which includes all integrated appliances.

the tenant is saying the integrated freezer has stopped working.

Ive checked the tenancy wording again and I just wanted to check - is it the landlord that needs to repair this freezer, or is the tenant liable during the tenancy (under their tenants contents insurance etc?).

It says in the ast something about the landlord being liable for repair during the notice period of tenant exit, but tenant to repair during the active tenancy ?

Advice please as I don’t know if I have to replace or repair the freezer, or inform the tenant she needs to do this? Thanks

I am no expert but I thought that if the rent of a property includes appliances then the landlord is liable to maintain them Hence I do not provide any.

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Unless explicitly agreed to the contrary, I believe that the landlord is responsible for appliance repairs, if said appliance belongs to them and is supplied under a “furnished” or “part furnished” tenancy. This, of course, is assuming that the damage was not malicious. Like Colin3, it is for that reason that I do not supply white goods etc.

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also jemma you have to have your supplied electrical appliances checked for safety PAT testing for portable appliances

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Although our flat is advertised as unfurnished, I have provided a washer-dryer (to encourage the tenant not to have wet washing hanging all over the flat and thence encouraging black mould) and a fridge freezer.

As it was my choice to install these items, I have always assumed them to be my responsibility if they broke down.

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Thank you all. I assumed it’s my responsibility as landlord to repair/replace any appliance - it’s just the wording within the openrent tenancy that is confusing.
I will just replace the freezer to keep the tenant happy :smiley:

(Wording)
Statutory Repairing Obligations
10.3. To comply with the obligations to repair the Premises as set out in sections 11 to 16 of the Landlord and Tenant Act 1985 (as amended by the Housing Act 1988). These sections impose on the Landlord obligations to repair and keep in good order:
the structure of the Premises and exterior (including drains, gutters and pipes); certain installations for the supply of water, electricity and gas;
sanitary appliances including basins, sinks, baths and sanitary conveniences; space heating and water heating;
but not other fixtures, fittings, and appliances for making use of the supply of water and electricity. This obligation arises only after notice has been given to the Landlord by the Tenant as set out in clause 8.31.
10.4. To repay to the Tenant any reasonable costs incurred by the Tenant to remedy the failure of the Landlord to comply with his statutory obligations as stated in clause 10.3 above.

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Thanks to @Clive @Colin3 and @Bob_Belinda for their helpful answers.

@Jemma_Louise thanks for raising this.

When it comes to the responsibility for maintaining appliances provided by the landlord, that should be term 10.7 in your AST. For those reading this thread, that clause says of the landlord’s responsibilities:

10.7. To keep in repair and proper working order all mechanical and electrical items belonging to the Landlord and forming part of the fixtures and fittings, unless the lack of repair is due to the negligence or misuse of the Tenant, his family, or visitors.

The terms you quoted above, 10.3 and 10.4, are in there because they describe the obligations set out in the Housing Act (1988).

I hope that makes sense!

Just so you know, we have updated our AST since your tenancy began due to the passing of new laws and regulations. You can always see the most up to date version of our AST here.

Just to be clear, ASTs are not updated retrospectively to existing tenancies, but are only used in the creation of new tenancies.

Sam

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Bob Belinda I get why you have provided a washer dryer. You will need to make sure the filter is regulary cleaned for the dryer as the lack of maintenance has caused fires An automatic humidity fan in a kitchen and bathroom is a good idea

Can I hijack this thread rather than start a new similar one? Just preparing new tenancy for unfurnished property with integrated fridge, freezer, dishwasher, oven and hob. The ast (not yet signed) doesn’t have clause 10.7. or 10.3 or 10.4 referred to in above thread; but does have

Statutory Repairing Obligations
11.3. To comply with the obligations to repair the Premises as set out in sections 11 to 16 of the Landlord and Tenant Act 1985 (as amended by the Housing Act 1988). These sections impose on the Landlord obligations to repair and keep in good order the structure of the Premises and exterior (including drains, gutters and pipes); certain installations for the supply of water, electricity and gas;sanitary appliances including basins, sinks, baths and sanitary conveniences;
space heating and water heating;but not other fixtures, fittings, and appliances for making use of the supply of water and electricity. This*obligation arises only after notice has been given to the Landlord by the Tenant as set out in clause 9.31.
11.4. To repay to the Tenant any reasonable costs incurred by the Tenant to remedy the failure of the Landlord
to comply with his statutory obligations as stated in clause 11.3 above.

So will I have to maintain those appliances or can I put in the ast a clause to say tenant is responsible after say, 6 months? I assume I will have to pat test them though at start of tenancy?
Thanks

Thankyou, that is something I have not thought of. I will ask the tenant to do it and check next time we do an inspection.

Gill 2 all I can say is if they are integrated and come with the property the tenant will likely expect you to maintain them. After all they were there when they moved in.

The landlord is responsible