Washing machine broke... landlord problem... want to cry

[beefykoala]

Hello... this forum is my only hope to save my sanity.

Last week our washing machine stopped spinning. It got 'fixed' and worked for a couple more spins and then broke again. This time the company that fixed it the first time diagnosed it as old and kapoot. They phoned the landlord and he said he'd replace it and would ring the following day (which was yesterday).

So at midday yesterday I rand the landlord seeing what he'd done about the problem and he said he'd not got round to it but he would. Last night I rang the company to see if they'd heard from him and they hadn't.

This morning I rang the landlord again to tell him that if he put the order through today we'd get the machine the same day and I could finally do some washing (it's backing up and I've just got a new job - you can imagine how stressful this is for a girl like me!). He told me he had rang last night and ordered one, so I rang the company and they'd not heard a thing.

I waited an hour and rang the landlord again telling him that they'd not got his order and that I'd keep ringing him until it was fixed as it was a desperate situation. Each time I rung him he'd say the company weren't answering his calls, but each time I rung the company they said they'd not had a phone call from him and that they couldnt ring him as it wasn't their problem.

Now it's got to the point that I'm had a massive arguement with my landlord because basically he's just playing us off and not actually ringing the company (I know this because each time I've rung them they've answered straight away) and the company are stressed because I keep ringing them.

I dont even know what my rights are, all I know is that this landlord is totally useless. I've mentioned before on here that we keep getting shocks off the light switches and that we've got the council involved (who have found out that the landlord doesnt have a proper licence).

I'm almost in tears over this, I know it's just a washing machine but I really dont have time or the money to take my clothes to a laudrettes. My friend is letting me use her machine but she lives quite a walk from my house and I'm becoming a burdon on her too (she's had to deal with all 5 of our washloads!)

Advice would be so greatly appreciated.... pleeeeeeese help!!

Helen

Xx

[Alphageek]

Hi, I have not read your posts re the light switches, but have you studied your contract with the landlord.

There should be clauses in there that state what actions (s)he is to take if fittings fail.

What are they?

[beefykoala]

Originally Posted by Alphageek

Hi, I have not read your posts re the light switches, but have you studied your contract with the landlord.

There should be clauses in there that state what actions (s)he is to take if fittings fail.

What are they?

It doesnt say anything in it about fixtures and fittings being repaired by the landlord. Is there a basic law that covers this?

[Alphageek]

I am not sure if there is or not. Sorry.

I am sure someone who knows will pop by in while and offer advice.

[Joa]

If the washing machine was there when you moved in and/or it's on the inventory list- it would be landlord's responsibility to replace it, unless your actions caused it to break. Speak to the people who deemed the washing machine as broken down beyond repair and ask them to email/fax it to you. You may need it in writing in future- especially the fact that it wasn't you who broke it.

If the machine was yours- landlord has nothing to do with it.

There is no specific time line in legislation for how soon repairs have to be dealt with- the only requirement is that of "reasonability". I know that you are certain that the landlord is playing silly buggers but you must not lose your rag as this is counterproductive. It is also too soon to call him unreasonable. He was only given this info yesterday (?)
Call him, apologise for your temper, suck up to his wonderful ability to deal with matters and his brilliant understanding of needs of his tenants, explain new job-better money-rent even more assured then before, blah blah blah.

Choose your battles- this one is not worth it. Play nice for now in order to achieve what you want. It's not time yet for claws and teeth.

[Monty2007]

Originally Posted by beefykoala

Hello... this forum is my only hope to save my sanity.

Last week our washing machine stopped spinning. It got 'fixed' and worked for a couple more spins and then broke again. This time the company that fixed it the first time diagnosed it as old and kapoot. They phoned the landlord and he said he'd replace it and would ring the following day (which was yesterday).

So at midday yesterday I rand the landlord seeing what he'd done about the problem and he said he'd not got round to it but he would. Last night I rang the company to see if they'd heard from him and they hadn't.

This morning I rang the landlord again to tell him that if he put the order through today we'd get the machine the same day and I could finally do some washing (it's backing up and I've just got a new job - you can imagine how stressful this is for a girl like me!). He told me he had rang last night and ordered one, so I rang the company and they'd not heard a thing.

I waited an hour and rang the landlord again telling him that they'd not got his order and that I'd keep ringing him until it was fixed as it was a desperate situation. Each time I rung him he'd say the company weren't answering his calls, but each time I rung the company they said they'd not had a phone call from him and that they couldnt ring him as it wasn't their problem.

Now it's got to the point that I'm had a massive arguement with my landlord because basically he's just playing us off and not actually ringing the company (I know this because each time I've rung them they've answered straight away) and the company are stressed because I keep ringing them.

I dont even know what my rights are, all I know is that this landlord is totally useless. I've mentioned before on here that we keep getting shocks off the light switches and that we've got the council involved (who have found out that the landlord doesnt have a proper licence).

I'm almost in tears over this, I know it's just a washing machine but I really dont have time or the money to take my clothes to a laudrettes. My friend is letting me use her machine but she lives quite a walk from my house and I'm becoming a burdon on her too (she's had to deal with all 5 of our washloads!)

Advice would be so greatly appreciated.... pleeeeeeese help!!

Helen

Xx

Dear Helen

Tell your landlord that you will stop paying rent untill the situation is resolved and that he is in breach of contract.

[MrShed]

Must disagree with that Monty...not a good course of action to take. Perhaps they could use their right of offset, but that is slightly different to withholding rent.

[Joa]

Originally Posted by Monty2007

Dear Helen

Tell your landlord that you will stop paying rent untill the situation is resolved and that he is in breach of contract.

Ouch; dangerous waters. Wth security of tenure being so very weak, this situation does not warrant such a strong action. Withholding of rent should be left as a very last option, when all other avenues are exhausted. Whilst this may be a very stressful problem for the tenant, broken washing machine is nowhere near the top of the scale when it comes to disrepair problems.

[Monty2007]

Given the OP's statement in respect of trying to effect remedy I would suggest this as a position to adopt, and execute if there is no resolution. She has tried to get amicable resolution and under the AST is not able to make full use or enjoyment of the property if the landlord has breached the agreement in not making repairs to the white goods.

So I disagree with you too!!

Pick the bones out of that!

[MrShed]

There are enough avenues to pursue without ever having to resort to withholding rent in this fashion. For example, the tenant can use their right of offset, and perform the required repairs and deduct the amount it has cost them from the rent.

Withholding rent is not only in severe breach of the tenancy(much more severe a breach than the landlords disrepair breach), but as Joa says impacts seriously on the security of tenure.

As there is(as I have outlined) no reason to ever withhold rent unilaterally, no experienced advisor on the topic(or certainly none I have ever known) would ever advise this course of action.

[Joa]

Originally Posted by Monty2007

Pick the bones out of that!

Happily

Originally Posted by beefykoala

They phoned the landlord and he said he'd replace it and would ring the following day (which was yesterday).

So at midday yesterday ......

Still think it would be reasonable to risk the tenancy?

And by the way; you really don't want to pick bones with me, I am the resident potty mouth mama

[MrShed]

The other thing you need to bear in mind Monty is that this is, after all, just a washing machine, and not for example no hot water/no front door. This is not meant to belittle the OPs situation, at all, just to put it into perspective.

[Monty2007]

If the landlord does not conform then I still suggest as I stated above:

Tell your landlord that you will stop paying rent until the situation is resolved and that he is in breach of contract.

You can of course deduct the amount to remedy the landlords lack of remedy, if you so wish...........

This is both reasonable and justified.

[davey77]

I think i would make a nice landlord, i've been a tenant and had it good and bad over the yrs and would try my best to get problems fixed quickly, and maybe this landlord in question isn't a nice guy, but really, i would not like to be chased over a problem in a short space of time and 24 hrs is pushing it a bit (even for a nice guy like me!)

That out of the way, i must say Helen that you need to start from basics here. You need to know your rights before you start thinking about 'assertive action' of any kind.
Find your tenancy agreement (assuming you have one!!?) and go through it. If you need help to find out what your position is and what you can (or cannot) demand of the landlord then try Shelter for advice:

Shelter: Renting and leasehold

Also you mention 'shocks from the electric switches'. This is a concern and unacceptable. What was the councils opinion and what action was taken, if any. What was the nature of the licence that they said the landlord did not have?

Get this down on paper and start from there and if you need to talk to someone on the phone then please ring the free 'Shelter' number for help on 0808 800 4444 - 8am to midnight 7 days a week.

[davey77]

Just read your 'light switches' thread. Looks like you got some great advice and the beginnings of a positive outcome on that one.