What are Chattels?
Chattels refer to movable items at a property that are not permanently attached. Chattels examples include washing machines, dishwashers, fridges, microwaves, and even furniture that the landlord may leave behind for the tenant’s use. These items are often discussed in the context of tenancy agreements, but it’s important to understand the regulations that govern them.
What Does the Law Say About Chattels?
The RTA and the HIR provide clear guidelines regarding chattels. Under the HIR, landlords are required to ensure that any appliances are kept in good repair. This means that if a landlord leaves items like a washing machine or fridge at the property, they are responsible for fixing or replacing these items if they break during the tenancy.
Read about what can go wrong if you're not on top of repairs.
Can Landlords Limit Their Responsibilities for Chattels?
In the past, some landlords would include a note in the tenancy agreement or the in-going inspection report stating that they are not responsible for maintaining or replacing certain chattels. However, more recent rulings from tenancy tribunal cases have clarified that landlords cannot simply avoid their obligations by including these clauses in a written agreement. If a chattel is provided, the landlord is still responsible for repair or replacement, regardless of what the contract says.
Read more about common tenancy tribunal disputes and how they are resolved.
How Can a Landlord Transfer Responsibility for a Chattel?
The only way for a landlord to pass on responsibility for a chattel is to “gift” it to the tenant. This can be explicitly stated in the tenancy agreement, where the landlord includes a chattels list and confirms that a chattel is being left for the tenant's use, and that the tenant accepts responsibility for its maintenance, repair, and eventual disposal if it breaks. If a chattel is gifted to the tenant, they can technically take it with them when they vacate the property, provided it is still in working order.
Who is Responsible for Fixtures in a Rental Property?
Fixtures are items that are permanently attached to the property, such as light fittings, heat pumps, and waste disposal units. These units are always the responsibility of the landlord to repair or replace as needed. The RTA makes it clear that landlords are responsible for maintaining and repairing fixtures at their properties, and this cannot be passed on to the tenant.
Crockers’ View
Crockers advises landlords to only leave items at the property that they are willing and able to repair or replace. Before deciding to provide any chattels, consider whether you are prepared to maintain them throughout the tenancy. Understanding tenant preferences regarding chattels can also help you make informed decisions about what to provide.
