I’m a landlord and recently i have let out a property. The property was listed on OpenRent as unfurnished on the 31st Sept and the Tenancy Agreement was signed on the 1st October, so the inventory wasn’t agreed before signing and the start date was the 4th October.
I sent out an excel file on the 5th after completing some additional work (painting the sitting room white as they asked if i could) which contained images of everything in the house with the instruction for the tenant to tell me what she wants and doesn’t want (i.e. curtains/light coverings etc) so i could get them binned and produce a proper inventory for us to sign. (My exact words)
On sunday my partner reminded me to ensure they knew the fridge/freezer and washing machine were gifted and so i messaged them then to say that but received no response.
On Tuesday the tenant is saying the washing machine needs repairing and i refer back to what i said about them being gifted but she says that the file i sent over constitutes the inventory agreed, which i’m sure under what i said and without a signature can’t be true, as well as the original advert having images of the appliances in the kitchen. But again, was described as unfurnished.
I feel like the inventory wasn’t agreed and that to suggest the advert can’t contain images of would be gifted items isn’t correct.
Finally in my tenancy agreement there is a clause referencing Section 11 of the 1985 Act, stating that fixtures and appliances are not the responsibility of the landlord to repair.
Can anyone assist with this?
I had similar thing happen. I reminded them that the white goods were gifted and they just accepted this. I had this explicit conversation with them before they took the property. It was let as unfurnished and no references to the items in the inventory.
If you don’t have a signed inventory and there’s been no agreement in supplying them I wouldn’t be concerned.
It’s a common misconception that once a landlord/landlady fits the property with the major appliances, he/she is entirely responsible for the repairs and replacement of those. Section 11 of the Landlord & Tenant Act 1985 clearly states that the lessor is obliged:
“…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)"
Unless the landlord includes a clause in the tenancy agreement, stating that he/she takes full responsibility for the repair and replacement of the white goods, then the landlord isn’t obliged to do so.
The inventory has to form part of the contract to be of any practical use and in this case it cant be, as the contract was already made. Forgetting to make your intentions clear about the white goods prior to the tenancy commencement was also a mistake.
White goods are exempt from the landlords s11 repauring obligations, but in this case, having left them there and not referred to them in the contract, the tenant probably has contractual rights to expect they should be in working condition.
The order in which things are done is important. I suggest you get the washing machine repaired and put it down to a lesson learned.