White goods: repair or replace?

Why it matters

Failing to maintain or replace faulty white goods can lead to significant issues, including tenant dissatisfaction, potential claims for breach of contract, and reputational damage. Non-compliance with safety regulations can result in severe penalties, fines, and even prosecution if an unsafe appliance causes harm. Prompt and effective management of white goods protects your investment, ensures tenant safety, and maintains a positive landlord-tenant relationship, reducing void periods and legal disputes.

Legal requirements

• Landlords must ensure any electrical appliances provided are safe throughout the tenancy, as per the Electrical Safety Regulations.
• An implied term in tenancy agreements often requires landlords to maintain supplied white goods in good working order.
• The Homes (Fitness for Human Habitation) Act 2018 may deem a property unfit for habitation if essential white goods are unsafe or non-functional.
• Repairing obligations under the Landlord and Tenant Act 1985 extend to electrical installations, which can include fixed white goods.
• In Scotland, landlords have a duty to ensure that properties meet the Repairing Standard, which covers fixtures, fittings, and appliances provided by the landlord.
• In Wales, properties must meet the Renting Homes (Wales) Act 2016 fitness for human habitation standard, which includes the safety and repair of provided appliances.
• In Northern Ireland, the tenancy agreement typically outlines landlord responsibilities for white goods, alongside general electrical safety duties.
• If white goods are removed, the landlord must ensure this does not breach the tenancy agreement or make the property unsuitable for the tenant's needs.

Common mistakes

• Assuming tenant responsibility for white goods repair if not explicitly stated in the tenancy agreement.
• Delaying repairs to white goods, leading to extended inconvenience for tenants and potential legal action.
• Failing to conduct regular Portable Appliance Testing (PAT) for items not permanently wired into the mains.
• Replacing a faulty appliance with a cheaper, less reliable model that breaks down quickly.
• Not keeping records of white goods purchases, maintenance, and repair history.
• Ignoring tenant complaints about faulty white goods until the situation escalates.
• Attempting to unilaterally remove white goods from a property during an ongoing tenancy.
• Not checking manufacturer recall lists for appliances to proactively address safety concerns.

Practical guidance

• Clearly list all white goods provided in the tenancy agreement and inventory, noting their condition.
• Establish a clear process for tenants to report white goods faults promptly.
• Assess the fault upon notification, gathering details from the tenant to determine the likely cause and severity.
• Obtain quotes for repair from qualified technicians, considering the appliance's age and estimated remaining lifespan.
• Compare repair costs against the price of a suitable new replacement, including installation and disposal.
• Prioritise repairs or replacements for essential items like refrigerators and cookers to minimise tenant disruption.
• Ensure any new appliances meet current safety standards and are energy efficient where possible.
• Keep detailed records of all communications, repair invoices, and replacement purchases for future reference.
• Consider offering an appliance breakdown insurance policy to cover repair or replacement costs for provided items.
• Review your approach to white goods periodically, especially when preparing for new tenancies or property upgrades.

Implied terms and your general repairing obligations

While a tenancy agreement might not explicitly detail your responsibilities for every white good, several legal principles apply. Under the Landlord and Tenant Act 1985, landlords have an implied duty to keep in repair the structure and exterior of the dwelling and to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity, and for sanitation. While this mainly covers fixed installations, court interpretations have extended similar duties to other items essential for comfortable living, particularly if supplied by the landlord. The Homes (Fitness for Human Habitation) Act 2018 reinforces this, requiring properties to be fit for habitation. A lack of essential, working white goods such as a cooker or refrigerator, if provided by the landlord, could render a property unfit. Therefore, if you provide white goods, you generally assume responsibility for their functionality and safety.

Electrical safety and white goods

All electrical appliances you provide must be safe. This is a fundamental requirement under general product safety regulations and the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. While fixed electrical installations require an Electrical Installation Condition Report (EICR) every five years, portable or plug-in white goods, such as fridges or washing machines, do not have a mandatory PAT test requirement in England. However, you still have a common law duty to ensure they are safe throughout the tenancy. Best practice suggests regular visual inspections, and if there is any doubt about an appliance's safety, having it professionally checked, repaired, or replaced. Always ensure any repairs are carried out by a competent person and that new appliances carry the CE or UKCA mark. Unsafe appliances can lead to serious harm or fire, with severe legal consequences for landlords.

Repair vs. Replace: The decision-making process

When a white good breaks down, the primary decision is whether to repair it or replace it. There is no strict legal formula, but a practical approach considers several factors. Firstly, what is the age and condition of the appliance? An older appliance near the end of its typical lifespan may be more cost-effective to replace than repair. Secondly, what is the cost of repair relative to replacement? If repair costs exceed a certain percentage, perhaps 50-70%, of a new equivalent, replacement is usually prudent. Thirdly, consider the availability of parts and the reliability of the repair. A repair that might fail again soon offers poor value. Finally, factor in tenant inconvenience; a quick replacement might be better than a protracted repair. Always prioritise safety; if an appliance is deemed unsafe, it must be replaced or removed immediately.

Responsibilities for white goods in Scotland, Wales, and Northern Ireland

The fundamental principles of landlord responsibility for white goods generally apply across the UK, though specific legislation differs. In Scotland, the Repairing Standard, enshrined in the Housing (Scotland) Act 2006, requires landlords to ensure fixtures, fittings, and appliances provided by them are in a reasonable state of repair and in proper working order. This explicitly includes white goods. In Wales, the Renting Homes (Wales) Act 2016 sets out the fitness for human habitation standard, which covers the safety and repair of all electrical appliances and furnishings provided. For Northern Ireland, the terms of the tenancy agreement are crucial, but general duties for electrical safety and maintaining a safe living environment still apply. Across all regions, if you provide the item, you are typically responsible for its maintenance and ensuring its safety. Always consult region-specific guidance to ensure full compliance.

Removing white goods from a property

Removing white goods, once supplied, can be complex. If the white goods were present at the start of the tenancy and listed in the tenancy agreement or inventory, they form part of what was let to the tenant. Removing them without tenant agreement would likely be a breach of contract, potentially leading to a claim for damages or a reduction in rent. Even if not explicitly listed, if they were clearly part of the property's offering, their removal could still constitute a breach. If you wish to remove white goods, you must first seek and obtain the tenant's written agreement. This might involve negotiating a rent reduction or offering to replace the items with an equivalent cash sum for the tenant to purchase their own. This negotiation should be handled carefully to maintain a good landlord-tenant relationship. Unilateral removal can lead to significant disputes and legal issues.