Jungle Property Blog

Who is responsible for repairing electrical appliances – landlord or tenant?

If the appliances are the tenants then the simple answer is the tenant.

For appliances provided by the landlord the answer is a bit more complicated…

When discussing repairing obligations reference is often made to Section 11 of the Landlord and Tenant Act 1985 but Section 11 (1)(b) of this legislation makes it clear the landlord (lessor) is not responsible for keeping in repair and proper working order appliances for making use of the supply of water, gas or electricity. There is no statutory obligation for landlords to keep appliances that make use of the supply of water, gas or electricity in repair or working order. But landlords do have a statutory obligation to ensure appliances they provide are safe (see 1 & 2 below) for any potential occupier or visitors – so provided that washing machine the landlord placed in the property that no longer works is not unsafe, the landlord has not failed in his statutory duties!

To avoid any misunderstanding, the responsibility for repairing electrical appliances provided by the landlord is best defined in the Tenancy Agreement. This should be discussed and agreed with the prospective tenant at the earliest opportunity (and before any contract is signed) to give the tenant a timely opportunity to consider the implications and whether they are willing to take on the responsibility for the repairs or if they would rather have the appliances removed before the start of the tenancy.

Finally to ensure the appliances are safe they should be periodically inspected and tested. More on this here

1. The Housing Act 2004 (England and Wales) Housing, Health and Safety Rating System (HHSRS) has been developed to assess all hazards that may be present in a residential property and ‘provide a safe and healthy environment for any potential occupiers or visitors’. From an electrical perspective this includes consideration of portable electrical equipment.

2. The Electrical Equipment (Safety) Regulations 1994 – the landlord is required to take reasonable steps to ensure that appliances provided as part of the tenancy agreement are safe.

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