This is a question to the blog clinic from Jo whose daughter is a tenant.
Hi there, my daughter moved into a rented property 10 days ago, the inventory showed a problem with the washing machine, the management company sent out an engineer who says that the washing machine cannot be repaired and needs to be replaced.
The landlord is now saying that the machine does not belong to him, and that maybe the last tenants left it.
As the property was advertised as having a washing machine and it’s on the inventory, can he now say that the property comes without a machine? It’s expensive and my daughter cannot afford to buy one.
Help would be appreciated.
Answer
This sort of situation falls within the Consumer Protection regulations.
First, it falls within The Consumer Protection from Unfair Trading Regulations 2008. Your daughter was provided with misleading information (the statement that there would be a washing machine) which wholly or partly induced her to enter into the tenancy.
Trading Standards
So if your daughter were to bring a complaint to the local Trading Standards Office it is something they should investigate and they could bring a prosecution.
Whether they would or not is another matter – Trading Standards Offices are overworked and have a history of neglecting offences in the private rented sector. However making a complaint is one thing she could do – or threaten to do.
Unwinding the tenancy
Your daughter also has the right, under the Consumer Protection (Amendment) Regulations 2014 to ‘unwind’ the tenancy – ie to end it.
- If she gives notice to do this within 30 days of the start of the tenancy, she will also have the right to recover all money paid (including all the rent).
- If she gives notice after that but within the first 90 days she can still unwind the tenancy but can only reclaim money paid for future rent
If she wanted to reclaim money this would have to be done through the courts but provided she was able to show that the misstatement (ie the false statement that there would be a washing machine) played a significant part in her decision to rent the property she should win her case.
Regulation 27I.(1) also provides for a tenant to opt for a discount on the rent if she does not exercise his right to unwind.
Getting help
These rights are fairly new and are not well known. I personally am not aware of any cases where they have been used, but that does not mean that they have not been successfully used by tenants.
Probably the best source of help would be an organisation which regularly advises tenants such as Shelter or maybe a housing adviser at the Citizens Advice Bureau.
If you have a local Law Centre they would also be a good source of help (there is a list here).
If anyone reading this post has experience in bringing this type of claim please leave a comment.
Ben Reeve-Lewis says
July 25, 2017 at 10:11 AMSince 2012 trading standards complaints have to be filtered through the National Trading Standards office as opposed to going to your local council. Its the NTS that decides whether to pass complaints down the line.
I have no idea why it is done this way but there you go
Tessa Shepperson says
July 25, 2017 at 10:16 AMSo that looks like another example of Gov’t giving tenants rights but then making it difficult for them to enforce those rights on a practical basis.
Does anyone have any experience of actually doing this process?
Lee says
July 26, 2017 at 12:02 PMI’ve never heard of this Tessa. Is this right to ‘unwind’ only if the standard of the property is not as expected?
HB Welcome says
July 30, 2017 at 11:51 AMDon’t think anyone’s had experience of it because the regulation says it needs to be something ‘significant’.
A washing machine can be hired for £10 per month, it can be bought for even less. So on a £1000 pcm tenancy that is less than 1% of the total value of the service provided, hence insignificant.
HB Welcome says
July 30, 2017 at 12:02 PMEdit to explain that by ‘bought’, I mean over the lifetime of a washing machine obviously.
i.e Price new £200 divided by 60 months (the average life span of a washer) equals £3.33 per month.
Lawcruncher says
July 31, 2017 at 8:37 AMA question I have never had answered to my satisfaction is, in the absence of any obligation being imposed by the terms of the tenancy, who is reponsible for repairing appliances and other contents. I raised the question here:
http://swarblaw.co.uk/viewtopic.php?f=7&t=5760