We are often asked by our investor clients to insert a special condition into the Tenancy Agreement, which states that should an appliance cease operating during the term of the tenancy, it will not be repaired or replaced.
Such clauses are in fact in breach of tenancy legislation. Tenancy Law states that if an appliance is present and in working order at the start of the tenancy, the landlord is obligated to maintain and replace the item should it cease working during the tenancy.
All too often we find that tenants are entitled to compensation in instances where the landlord fails to maintain or replace an appliance. Rulings are put in place as a precedent. The fact is, the landlord can be ordered to not only replace the item but also pay the tenant compensation during the period in which the tenant did not have use of the appliance.
If you have an appliance installed at your property, then legally it forms part of the tenancy and the repair and replacement provisions cannot be contracted out of the Tenancy Agreement. We offer this advice based on prior experience and to minimise the risk of loss or the chance of compensation being awarded against you should you elect not to maintain or replace the item. It’s just not worth the risk.