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Washing machine - who is responsible, landlord or tenant?

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  • 08-05-2014 5:05pm
    #1
    Registered Users Posts: 36


    We rent a house to very good tenants for past 2.5 years (we have not increased rent). They say we are responsible for repairs to washing machine - my understanding is that the tenant is responsible for the day-to-day maintenance. We have repaired electrical items a few times before but I think it should be their problem now - can anyone advise?


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Comments

  • Registered Users Posts: 1,222 ✭✭✭bigneacy


    cathleencp wrote: »
    We rent a house to very good tenants for past 2.5 years (we have not increased rent). They say we are responsible for repairs to washing machine - my understanding is that the tenant is responsible for the day-to-day maintenance. We have repaired electrical items a few times before but I think it should be their problem now - can anyone advise?

    A broken down washing machine is not a day to day repair. It's a fixture of the house that was in place when the contracts were signed.

    You say yourself that they are good tenants so don't cut off your nose to spite your face.

    A washing machine repair isn't going to break the bank.


  • Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    If you provided the appliances then you are responsible for the upkeep.


  • Registered Users Posts: 7,687 ✭✭✭whippet


    cathleencp wrote: »
    but I think it should be their problem now


    it is not about what you think .. it is what you are responsible for, as per your legal obligations as a landlord. After two and half years in the game you should really know what your obligations are.

    I am a landlord too, don't want to be one, but one thing I know is that a good tenant is someone you take care of - you don't have to supple a top of the range one, just a simple functional appliance.


  • Registered Users Posts: 976 ✭✭✭Gandhi


    If the tenants broke it from abuse, they should fix it.

    If it needs routine maintenance or is worn out, the landlord should fix it. If they originally agreed to rent a house with a functioning washing machine, then the landlord has a responsibility to provide that.


  • Closed Accounts Posts: 1,869 ✭✭✭odds_on


    The Housing (Standards for Rented Houses) Regulations 2008 and amended 2009
    (2) Subject to sub-article (1), there shall be provided, within the habitable area of the house, for the exclusive use of the house:
    (g) Washing machine, or access to a communal washing machine facility within the curtilage of the building,
    (h) Where the house does not contain a garden or yard for the exclusive use of that house, a dryer (vented or recirculation type) or access to a communal dryer facility.
    (3) All facilities under sub-article (2) shall be maintained in good working order and good repair.
    (4) Responsibility for maintenance of facilities under sub-article (2) shall rest with the landlord.

    However, as Ghandi says, if the tenants broke the machine due to miss-use then they are liable for repair costs.


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  • Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Cost of new machine Vs finding a new tenant(advertising,months without tenant). Weight it up and see which is cheaper.


  • Registered Users Posts: 3,500 ✭✭✭Drexel


    Its kinda shocking OP that you are a landlord and you dont know this


  • Registered Users Posts: 23,535 ✭✭✭✭ted1


    If the damage is due to neglect or misuse the tenant is liable. If its standard wear and tear replace it and write it off your taxes for the next 8 years.

    Adverts or donedeal can be useful places to get replacment white goods for rental properties.


  • Registered Users Posts: 10,335 ✭✭✭✭Marcusm


    If you provided the appliances then you are responsible for the upkeep.

    And if they didn't provide a washing machine or laundry facility they're in breach of regs.


  • Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    Marcusm wrote: »
    And if they didn't provide a washing machine or laundry facility they're in breach of regs.

    Yes I am aware of that, but some tenants have arranged to replace appliances if they are long term tenants and they have a preference above the minimum standards.


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  • Registered Users Posts: 135 ✭✭Fkall


    It is the responsibility of the Landlord.

    However as you haven't raised the rent in a few years the cost is easily recovered.


  • Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    Yes I am aware of that, but some tenants have arranged to replace appliances if they are long term tenants and they have a preference above the minimum standards.

    It is the landlords responsibility to replace washing machines unless broken by misuse. If tenants go and buy a more upmarket model with your consent then the landlord is again responsible. If they do it on their own without consulting you then it is no longer your responsibility


  • Registered Users Posts: 19,022 ✭✭✭✭murphaph


    ted1 wrote: »
    If the damage is due to neglect or misuse the tenant is liable. If its standard wear and tear replace it and write it off your taxes for the next 8 years.
    If it's just making good what was there before (similar machine, not some super fancy replacement for a basic one), then it can be considered a simple repair and written off in one go.


  • Registered Users Posts: 19,022 ✭✭✭✭murphaph


    Fkall wrote: »
    It is the responsibility of the Landlord.

    However as you haven't raised the rent in a few years the cost is easily recovered.
    Yep, time for the rent to be adjusted for these tenants to the current market rate. Some people don't know a sweet deal when it hits them in the face. Replace the machine and send a notice of rent increase to actual market rates.


  • Registered Users Posts: 402 ✭✭seb65


    murphaph wrote: »
    Yep, time for the rent to be adjusted for these tenants to the current market rate. Some people don't know a sweet deal when it hits them in the face. Replace the machine and send a notice of rent increase to actual market rates.

    That will do wonders for the landlord/tenant relationship. As a very good tenant myself, I'd match your notice with a my own notice of intent to vacate.


  • Registered Users Posts: 4,631 ✭✭✭Aint Eazy Being Cheezy


    murphaph wrote: »
    Yep, time for the rent to be adjusted for these tenants to the current market rate. Some people don't know a sweet deal when it hits them in the face. Replace the machine and send a notice of rent increase to actual market rates.

    I'd hate to see you try talk a suicidal man off a bridge, or try your hand at hostage negotiation.


  • Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    seb65 wrote: »
    That will do wonders for the landlord/tenant relationship. As a very good tenant myself, I'd match your notice with a my own notice of intent to vacate.

    When rents were dropping tenants were quick enough to start demanding a decrease. Now it's the other way round they are complaining. Welcome to the free market. Being a landlord is just like any other business and the law of supply and demand applies.


  • Registered Users Posts: 5,982 ✭✭✭Caliden


    seb65 wrote: »
    That will do wonders for the landlord/tenant relationship. As a very good tenant myself, I'd match your notice with a my own notice of intent to vacate.

    Chances are the rental price is an absolute steal in the current rental climate so shouldn't be hard to find new tenants.


  • Registered Users Posts: 19,022 ✭✭✭✭murphaph


    seb65 wrote: »
    That will do wonders for the landlord/tenant relationship. As a very good tenant myself, I'd match your notice with a my own notice of intent to vacate.
    So you'd leave a property that was priced at current market rate to move to what? Moving house is no fun. You have to organise not only all your crap to be transported from A to B, you also have to transfer utilities etc. It's easy to say on a forum "I'd leave if my landlord dared charge me the going rate (which in itself sounds silly)" but in reality you wouldn't go anywhere.


  • Registered Users Posts: 484 ✭✭Eldarion


    A bit amazed myself at how the OP couldn't think it was the LL's responsibility. That being said the tenant should really know a good deal when they have it. If they're paying 200 or 300 under the market rate per month they really should not have been rocking the boat and just gotten it fixed/replaced themselves. They would have recouped the cost in less than 2 months and been on their way enjoying their discount. It's going to cost them a whole lot more now if the rates are brought up.

    I would definitely bring the rent up to market rate now.


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  • Registered Users Posts: 1,077 ✭✭✭percy212


    Cop on OP. You fix or replace the machine. Some shower of sweaty little cute hoors on this thread. The tenant asks for a normal service from the landlord and is threatened with a rent increase. The sooner the banks repossess all the underwater btls the better. Cant wait for rent control.


  • Registered Users Posts: 19,022 ✭✭✭✭murphaph


    percy212 wrote: »
    Cop on OP. You fix or replace the machine. Some shower of sweaty little cute hoors on this thread. The tenant asks for a normal service from the landlord and is threatened with a rent increase. The sooner the banks repossess all the underwater btls the better. Cant wait for rent control.
    Rent control needs things like postcodes, so you may wait for them first.

    The OP was giving his tenants a great deal by the sounds of it, possibly saving them a couple of grand a year from their net salaries. Instead of getting the machine fixed themselves, they are flagging themselves to their landlord. Common sense says they should have kept a low profile and fixed it themselves, but they didn't.

    The tenant is asking for a normal service, but it's also normal to pay the market rate in rent, something they were happy not to do presumably. Now everything can become normal. Landlord fixes machine. Tenants pay market rent.

    Edit: Banks are going to be in no hurry to repossess BTLs if they show signs of being able to pay their mortgages. Increasing rents makes BTL repossession less likely.


  • Registered Users Posts: 1,077 ✭✭✭percy212


    I hope the op's tenants read boards so they can stop paying rent. Hopefully the op will soon be stuck with some new whining appliance breaking high maintenance market rate tenants who call every weekend with a problem and always remind the op that they are paying market rate.


  • Registered Users Posts: 9,368 ✭✭✭The_Morrigan


    percy212 wrote: »
    I hope the op's tenants read boards so they can stop paying rent. Hopefully the op will soon be stuck with some new whining appliance breaking high maintenance market rate tenants who call every weekend with a problem and always remind the op that they are paying market rate.

    Percy if you can't post in a constructive manner I would urge you to refrain from posting here. Posts like this are not helpful and are flamming in nature, which is against the charter.

    /Mod


  • Registered Users Posts: 2,107 ✭✭✭Electric Sheep


    murphaph wrote: »
    Rent control needs things like postcodes, so you may wait for them first.

    The OP was giving his tenants a great deal by the sounds of it, possibly saving them a couple of grand a year from their net salaries. Instead of getting the machine fixed themselves, they are flagging themselves to their landlord. Common sense says they should have kept a low profile and fixed it themselves, but they didn't.

    The tenant is asking for a normal service, but it's also normal to pay the market rate in rent, something they were happy not to do presumably. Now everything can become normal. Landlord fixes machine. Tenants pay market rent.

    Edit: Banks are going to be in no hurry to repossess BTLs if they show signs of being able to pay their mortgages. Increasing rents makes BTL repossession less likely.

    I think a good tenant in the hand is worth more than an unknown future tenant who may or may not pay the rent on time in full and keep the house in decent order.

    But then, an amateur landlord who does not even know his legal responsibilities is not likely to see beyond the money in his hand right now.


  • Registered Users Posts: 1,102 ✭✭✭am i bovvered


    I think a good tenant in the hand is worth more than an unknown future tenant who may or may not pay the rent on time in full and keep the house in decent order.

    But then, an amateur landlord who does not even know his legal responsibilities is not likely to see beyond the money in his hand right now.
    Totally agree, and I am a landlord.


  • Moderators, Science, Health & Environment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 60,097 Mod ✭✭✭✭Tar.Aldarion


    murphaph wrote: »
    So you'd leave a property that was priced at current market rate to move to what? Moving house is no fun. You have to organise not only all your crap to be transported from A to B, you also have to transfer utilities etc. It's easy to say on a forum "I'd leave if my landlord dared charge me the going rate (which in itself sounds silly)" but in reality you wouldn't go anywhere.

    They'd probably have no problem if the two were not related, but now it would be ok I'll fix it and im putting your rent up. It's the situation at hand that would make people leave, not the rent going up to market rate.


  • Registered Users Posts: 19,022 ✭✭✭✭murphaph


    I think a good tenant in the hand is worth more than an unknown future tenant who may or may not pay the rent on time in full and keep the house in decent order.

    But then, an amateur landlord who does not even know his legal responsibilities is not likely to see beyond the money in his hand right now.
    Sad that in Ireland it seems "good tenant == a tenant who just pays their rent and doesn't live in their own filth". That is the bare minimum a tenant needs to do.

    You do have a point however. A tenant that has proven themselves does have a certain worth above an unknown quantity BUT at a certain point the discount offered to such a tenant needs to be looked at-it can't just continue to grow indefinitely as the market rises and their rent remains static. Make no mistake, a good landlord will still be asked for rent reductions in bad times. That point has now come as the tenants have triggered it by requesting this repair.

    Honestly if I was in their position I would have fixed it myself and kept a low profile.


  • Registered Users Posts: 19,022 ✭✭✭✭murphaph


    They'd probably have no problem if the two were not related, but now it would be ok I'll fix it and im putting your rent up. It's the situation at hand that would make people leave, not the rent going up to market rate.
    LL can of course leave it for a month or two. Doesn't have to put it up right away and can put it up but maintain it marginally below market rate to "trap" the tenants.


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  • Registered Users Posts: 2,107 ✭✭✭Electric Sheep


    murphaph wrote: »
    Sad that in Ireland it seems "good tenant == a tenant who just pays their rent and doesn't live in their own filth". That is the bare minimum a tenant needs to do.

    You do have a point however. A tenant that has proven themselves does have a certain worth above an unknown quantity BUT at a certain point the discount offered to such a tenant needs to be looked at-it can't just continue to grow indefinitely as the market rises and their rent remains static. Make no mistake, a good landlord will still be asked for rent reductions in bad times. That point has now come as the tenants have triggered it by requesting this repair.

    Honestly if I was in their position I would have fixed it myself and kept a low profile.

    What other attributes would you expect from a good tenant? I am curious.


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