Does landlord have to replace "like for like"

Poncke

Hello all,

I have a broken washer/dryer. The washer part has been acting up for over a year. I told the landlord that this time it really needs a repair or replacement, whatever, I just need a working washer/dryer. That was 26 December email.

The landlord told me on 26 dec that she would look into it after the weekend. I just got an email that they bought a new washing machine. I asked her if it was a washer/dryer and she said no. She didnt know there was a washer/dryer in the apartment and that there is no budget for a washer/dryer.

I asked her how it was possible she doesnt know what is in her own apartment, that it is stated in the lease, and I told her on 26 December. I also told her I cant accept a washing machine. I want like for like.

Am I right, or am I wrong?

Thanks

V.W.L 11

Poncke wrote: »

Hello all,

I have a broken washer/dryer. The washer part has been acting up for over a year. I told the landlord that this time it really needs a repair or replacement, whatever, I just need a working washer/dryer. That was 26 December email.

The landlord told me on 26 dec that she would look into it after the weekend. I just got an email that they bought a new washing machine. I asked her if it was a washer/dryer and she said no. She didnt know there was a washer/dryer in the apartment and that there is no budget for a washer/dryer.

I asked her how it was possible she doesnt know what is in her own apartment, that it is stated in the lease, and I told her on 26 December. I also told her I cant accept a washing machine. I want like for like.

Am I right, or am I wrong?

Thanks

In short i had an identical issue to yours in 2003,i ended up with a washing machine only as a replacement,had to buy a dryer myself,landlords arent under any obligation to even give you a furnished flat/apt/house but do so as they are easier to let,however if anyone knows/experienced different i'd be interested in knowing

Greenmachine

Is it listed in the apartment inventory on your lease. If so I would expect like for like. If it is not listed on the lease I suspect it would be less clear.

wench

Your landlord does have to provide access to full laundry facilities, including drying.
If you do not have outside space where you can dry clothes, and most apartments wouldn't, then a dryer must be provided.

See full requirements here: http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html

Access to a clothes-dryer if the rented unit does not have a private garden or yard

Mrs OBumble

Do you have access to an outside area to dry clothes? If not, then they are obliged to provide ou with (access to) a dryer.

wench

V.W.L 11 wrote: »

In short i had an identical issue to yours in 2003,i ended up with a washing machine only as a replacement,had to buy a dryer myself,landlords arent under any obligation to even give you a furnished flat/apt/house but do so as they are easier to let,however if anyone knows/experienced different i'd be interested in knowing

The regulations were updated in 2009, and all rentals must be compliant since Jan 2013, see link in post above.

Poncke

Its stated in the inventory list of the lease, washer/dryer. I dont have a backyard, and I only have a very small front garden, which is not really private, there is no fencing.

V.W.L 11

wench wrote: »

The regulations were updated in 2009, and all rentals must be compliant since Jan 2013, see link in post above.

Bought my own place in 2005 hence i wouldnt have known,now i do though thanks OP

Poncke

This is the reply I just got:

"The machine you have has been repaired before and we are unable to repair it again.
Therefore you are getting a NEW washing machine which we are obliged to do.

Most landlords only provide a washing machine, there is no obligation on landlords to provide tumble dryers.

As already stated our budget will
Only allow us to provide for a new washing machine at this time.
Please feel free to use a clothes horse in the apartment to dry your clothes."

Greenmachine

Poncke wrote: »

Its stated in the inventory list of the lease, washer/dryer. I dont have a backyard, and I only have a very small front garden, which is not really private, there is no fencing.

Refuse delivery of the washing machine if is no a combi.

wench

Send her the link to her obligations, and point out that drying clothes inside is a primary cause of dampness.

V.W.L 11

Go to threshold about it,doubt the prtb can do much,they are mostly a gimmick

Poncke

She just replied again, telling that all I get is a washing machine, thats all they are obliged to provide me.

Writing to PRTB and Threshold now. Will call them tomorrow. Sigh.

djimi

Dig out one of the many links to landlord obligations which are available online and email it back to her. If she isn't prepared to fit the property out to legal standards then inform her that you will be seeking to terminate the lease as soon as possible.

It's a legal obligation for a landlord to provide means to dry clothes where it's not possible outdoors. These obligations are not optional.

Poncke

I just did tell her that. But I dont want to leave. I have been here for over 3 years, in my 4th lease now. I like the place. I have done some maintenance, painted the front door, replaced items at my own expense. Which is all fine, and was my own choice. Leaving is the last thing I want to do. I just hope I can get this sorted with her.

Poncke

She now says this: "Yes a landlord is obliged to provide means to wash and dry clothes and as per the min standards a tumble dryer is not an obligation a clothes horse covers this requirement for you to dry your clothes. "

Is that true?

The_Morrigan

http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html


All the information is there.

gctest50

Where the house does not contain a garden or yard for the exclusive use of that house, a dryer (vented or recirculation type).


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.


http://www.environ.ie/en/Legislation/DevelopmentandHousing/Housing/FileDownLoad,19142,en.pdf <<

---

.

(d) in Article 8 —

(ii) by substituting for sub-article (2)(h) the following:
Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 1st December, 2009.

[462] 3
“(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.”


http://www.environ.ie/en/Legislation/DevelopmentandHousing/Housing/FileDownLoad,21710,en.pdf <<

---

.

Poncke

I have read that link, but it doesnt say what is meant by a clothes-dryer. Is a clothes horse considered to be a clothes-dryer?

The_Morrigan wrote: »

http://www.citizensinformation.ie/en/housing/renting_a_home/repairs_maintenance_and_minimum_physical_standards.html


All the information is there.

Poncke

gctest50 wrote: »

.

Found it, thanks.

Bepolite

Poncke wrote: »

I have read that link, but it doesnt say what is meant by a clothes-dryer. Is a clothes horse considered to be a clothes-dryer?

See post above yours. A clothes horse doesn't count.

seamus

I was under the impression that all appliances, furniture, etc provided with the property, were required to be maintained and replaced when broken? This is above the minimum standards, e.g. if they supply a TV which breaks, they must replace it, right?

Bepolite

seamus wrote: »

I was under the impression that all appliances, furniture, etc provided with the property, were required to be maintained and replaced when broken? This is above the minimum standards, e.g. if they supply a TV which breaks, they must replace it, right?

I'm pretty sure this can be excluded on the lease if it's even required. Corrections welcome of course.

garhjw

You have a front garden/yard according to an earlier post? If so, are you entitled to a washing line or something similar?

Poncke

garhjw wrote: »

You have a front garden/yard according to an earlier post? If so, are you entitled to a washing line or something similar?

I have an entry to my house, with a 4x2 patch in front of the house. Surely I cant hang my clothes out to dry for everyone to see? With a washing line in front of my front door, blocking the entry. I dont even have a wall high enough to get jeans hanging free from the ground.

I dont think its even allowed to have your washing out in the front of the house for everyone to see.

Victor

seamus wrote: »

I was under the impression that all appliances, furniture, etc provided with the property, were required to be maintained and replaced when broken? This is above the minimum standards, e.g. if they supply a TV which breaks, they must replace it, right?

Yesr.

Food Preparation and Storage and Laundry

8. (2) Subject to sub-article (1), there shall be provided, within the habitable
area of the house, for the exclusive use of the house:
...
(h) Where the house does not contain a garden or yard for the exclusive
use of that house, a dryer (vented or recirculation type).
(3) All facilities under sub-article (2) shall be maintained in good working
order and good repair.

gctest50

They really need to update :

(d) in Article 8 —
....................
“(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.”

to :

(d) in Article 8 —

[462] 3
“(h) A dryer (vented or recirculation type) or access to a communal dryer facility.”

Bepolite

Victor wrote: »

Yesr.

I'm not sure that answers the question tbh. I think the question is if there is a soup maker and george foreman (not listed as a minimum requirement) and they break does the LL have to replace them?

sligoface

OP you might have to get really tough and get serious about moving. They most likely would hate to have you leave just as much as you but if they are digging their heels in even though they are dead wrong, they might not change their mind unless you give notice in writing that you are moving. A clothes horse is not a drying facility.

My landlord did something similar when replacing items, threatening to move was the only thing changed their mind. But your leverage depends on how quickly they can get new tenants in. My landlord doesn't want to rent to students and thats the only people moving to this area for the most part, so they eventually sorted each issue rather than lose long term careful tenants.

The landlord clearly is basing her position based on her 'budget' not her obligations. Her budget is not your concern and does not allow for breach of contract, she would hardly be okay with you telluing her that you won't be paying rent as your budget doesn't allow for it.

MouseTail

Poncke wrote: »

I have an entry to my house, with a 4x2 patch in front of the house. Surely I cant hang my clothes out to dry for everyone to see? With a washing line in front of my front door, blocking the entry. I dont even have a wall high enough to get jeans hanging free from the ground.
I dont think its even allowed to have your washing out in the front of the house for everyone to see.

You have outside space for the exclusive use of the property, so my reading is the LL is not obligated to provide a drier.

having said that its foolish not to as use of a clothes horse will almost certainly cause mould issues.

The_Morrigan

MouseTail wrote: »

having said that its foolish not to as use of a clothes horse will almost certainly cause mould issues.

Eh no! I've lived in my apartment for over five years and I always use a clothes horse to dry my clothes I do not have any mould here. Using a clothes horse and not ventilating the apt will increase the chances of mould, the mere use of a clothes horse will not "almost certainly" cause it.