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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 18726
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hello, Im going to rent flat. there are some of electric devices

Resolved Question:

Hello, I'm going to rent flat. there are some of electric devices which are not in the best condition. I'm in communication with the agent and I request to put into contract that all devices are in the good and complete working condition. It seems that they are not able to get the landlord to ensure all these appliances are OK.
Is there any option that I can get the landlord to provide working appliances during the keys hand-over activity ? What should I record in the protocol if some device is not working 100% ?
Could you suggest what should I ask agent now before letting contract sign off?

Thanks
Submitted: 9 months ago.
Category: UK Property Law
Expert:  Stuart J replied 9 months ago.
Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousands of questions
from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other
users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that
case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to advise you fully.

What type of tenancy agreement is it?
Customer: replied 9 months ago.

This is AST letting contract. "Residential: Assured Shorthold Tenancy Agreement for all types of residential accommodation furnished and unfurnished"

Expert:  Stuart J replied 9 months ago.





Are the
appliances dangerous or simply not working?

Are
they noted in the tenancy agreement as being included in the letting?



Have
they been tested?



What
appliance in particular is not working?



Does
the agent and landlord accept that they are not working?



Customer: replied 9 months ago.

Are the appliances dangerous or simply not working?


Jozef: I'm not sure. On my viewing I spotted that some appliances are older. So I want to avoid situation that there will "boxes" I pay rent for but they are not useful.


 


Are they noted in the tenancy agreement as being included in the letting?


Jozef: No they are not noted there. I expect these itesm to be written in the key-handover protocol.


 


Have they been tested?


Jozef: Not yet, I expect to test by me and landlord during key-handover protool.


 


What appliance in particular is not working?


Jozef: N/A, but during viewing fridge/freezer was missing and I get promise by email from the agent that this will be provided. I'm cautious about instant hot water heater won't work 100% properly or not in powerful enough.


 


Does the agent and landlord accept that they are not working?


Jozef: There was no comment about it.

Expert:  Stuart J replied 9 months ago.




Unless it is noted in the
agreement that the landlord is providing these, there is no onus on the
landlord to provide them, and therefore no obligation on you to pay for them.

You need to make sure however
that whilst you are not paying for these, you do not want to store junk and you
also do not want the landlord, when you come to vacate the property, to allege
that they were in perfect working order.



If something is not working,
ask the agent to remove it. If it is working but not very well, noted in the
inventory.



Whatever you agree with the
agent, get it in writing because they do have a habit of seemingly forgetting
what they say. You are in a stronger position before you let the property to
dictate terms than you are afterwards.



Customer: replied 9 months ago.

One final question.


The contract states that tenant is liable to pay for telephone line on property.


If property agent confirm by email that I won't be liable for paying telephone line set by landlord just for those I set under my name.


Can I understand that as written confirmation and enough for explicitly defined liability for bills?


 


Thanks

Expert:  Stuart J replied 9 months ago.
If you dont use the telephone line you are not liable for it.
Tell the agent in that case to terminate the service as you wont be using it.
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 18726
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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