17th
Jun 2014
Member's Question - We carried out an inventory on behalf of a landlord prior to a new tenant moving in. On the inventory, it was specified that there was a fridge freezer but that it didn't work. The new tenants then received the keys a few days before the official start date of the tenancy to start moving furniture in etc. Two days before the tenancy start date, the landlord personally went to the property to remove the appliance but was unable to and so she left it.
The tenant is now wanting the appliance either repaired or replaced. I believe that the landlord should not have to do this as it was specified that the appliance didn't work in the inventory which the tenants signed.
PIMS Response - The issue here is about what is reasonable expectation
Why would one put on an inventory a freezer that does not work?
Was it intended to be repaired or leave the tenant with something that does not work for the duration of the tenancy [it should have been removed pre advertising/viewing] If in pre let property details such as pictures of the kitchen the fridge freezer was visible then again reasonable expectation it was part of the offer to treat [contract].
Sadly where the property is provided with white goods they are the landlords responsibility to maintain/repair and replace [provided tenant not damaged].
You could go back to the tenant and say sorry the property is provided with no fridge freezer – but if this was the intention the inventory should have been clear stating NO FRIDGE FREEZER is provided
The Tenant will either be reasonable and say OK – or make an issue and possibly repair and deduct from next rent payment – the other solution is say to the tenant we don’t want the fridge freezer – they repair it they can have it – then thereafter it is the Tenant's responsibility to maintain and repair. Technically the tenant should purchase it for a penny and be issued a receipt then ownership is transferred to the tenant.
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