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Broken washing machine & other non solved isues


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Hi,

 

I've looked thought some of the posted issues but I could really find any useful information regarding my case, so if you can help please do.

 

Me and my family (wife and a 3 year boy) were in a newly built rented house for 6 months and during that period we could never use the NEW installed washing machine. We also complaint that we had no outdoor antenna, the control panel for the heating wasn't in operation, missing plugs for the main bathroom and kitchen sink, the cookers buttons and finally and up to he end, the previous bills/consumptions weren't paid before our entry.

 

Basically the Tenancy Agency, did a very BAD job and didn't even wanted to solve the issues, always trying to postpone and made me do a lot of the work that was their responsibility.

 

I have contacted the CAB and also a lawyer in my company service, Legal & General who first advised me into trying to propose a deal/solution and if no answer to take the landlord to court.

 

This is my first action against someone and I may need some more guidance, but for now this is my first issue.

 

I have copies of e-mails, letters sent & received, technical report of the washing machine stating that the it has been dropped, receipts of antenna booster device, etc ...

 

I've got now all the documents to do this but I would like to know how to calculate the damages for breach of contract, can I make a sum per day and per item unsolved ?

 

Thanks in advance.

 

Paulo

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As far as I am aware, white goods, i.e. the washing machine, need not be provided as part of the tenancy and don't have to be repaired/replaced if they break unless they are specifically mentioned as being part of your tenancy agreement. Likewise an external TV arial (if that is what you are referring to as antenna) would not constitute a required item on a rental.

 

The other items you mentioned, eg sink plugs, heater system and an operational cooker should be covered I think.

 

Likewise, as long as you can demeonstrate the date you moved in, then any previous utility bills would not be your responsibility.

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Hi,

 

Thanks for the reply.

 

In the contract I have the following points:

 

"3 - LANDLORD'S OBLIGATIONS

 

PLEASE NOTE: These are the things the landlord agrees to do or not to do. If the land lord breaks or does not comply with any of its obligations in this agreement or of its statutory obligations, the tenant may be entitled to claim damages or compensation against the landlord , or to seek other legal remedies against landlord.

 

(...)

 

3.5 To take reasonable steps to ensure that the landlord's gas and electrical appliances and other similar mechanical appliances in the premises for which he is responsible are safe, in working order and in repair (but only where such need of repair is not caused by the negligence or misuse by the tenant, his invited guest and visitors) both at commencement of, and during the tenancy, as may be necessary from time to time and in order to comply with the landlord's obligation under the the Gas Safety (Installation and use) regulations 1998, the Electrical Equipment (safety) Regulations 1994, the plugs and sockets etc., (safety) rgulations 1994. "

 

Also, I don't have his home address, because there was a rental agency in the middle, If I request now the current landlords home address do you think that the agency will have to provide it to me ?

 

Thanks.

 

Paulo

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Hi,

 

Thanks for the reply.

 

In the contract I have the following points:

 

"3 - LANDLORD'S OBLIGATIONS

 

PLEASE NOTE: These are the things the landlord agrees to do or not to do. If the land lord breaks or does not comply with any of its obligations in this agreement or of its statutory obligations, the tenant may be entitled to claim damages or compensation against the landlord , or to seek other legal remedies against landlord.

 

(...)

 

3.5 To take reasonable steps to ensure that the landlord's gas and electrical appliances and other similar mechanical appliances in the premises for which he is responsible are safe, in working order and in repair (but only where such need of repair is not caused by the negligence or misuse by the tenant, his invited guest and visitors) both at commencement of, and during the tenancy, as may be necessary from time to time and in order to comply with the landlord's obligation under the the Gas Safety (Installation and use) regulations 1998, the Electrical Equipment (safety) Regulations 1994, the plugs and sockets etc., (safety) rgulations 1994. "

 

Also, I don't have his home address, because there was a rental agency in the middle, If I request now the current landlords home address do you think that the agency will have to provide it to me ?

 

Thanks.

 

Paulo

 

You need to establish that bit though, i.e. has the landlord included in the lease that he is responsible for maintaining items such as the washing machine. I hae a couple of houses on rental and do not even have these items supplied into the houses let alone any undertaking that I would repair them.

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Is your property covered by NHBC. If so, the builders should guarantee these problems for the first two years. It may be most efficient for you to get agreement from the landlord to pursue these things with the builder.

 

Also have you contacted the landlord to tell him how poor you are being treated. Given that a lot of the issues might be fixed for free if under NHBC he might be pleased to hear from you (unless he's an idiot).

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