Whose Chattel is it Anyway?!

When it comes to chattels, we are often asked about which ones should be left at a property and what the liability is for these during the tenancy. The Housing Improvement Regulations (HIR) are often referred to as part of the Residentials Tenancies Act (RTA) and Section 18 of the HIR states:
"Every house and all the appurtenances and appliances of every house shall at all times be kept in a state of good repair."

Essentially 'appurtenances and appliances' relate to any and all chattels that are left at the property for the tenants to use. Chattels can normally be defined as any item that could physically be removed from the property such as washing machines, dishwashers, microwaves etc.

A property owner is obligated under the RTA & HIR to repair or replace any chattels at the property as required and where possible. If repair or replacement is not possible for any reason, the owner may be liable to compensate the tenant for the removal of a chattel.

Historically, if a property owner didn't want to repair or replace a chattel it was common for a note to be made against said chattel in the tenancy agreement or the ingoing inspection report that the chattel is supplied but the landlord reserves the right not to maintain or replace it if it breaks. However, more recent tribunal rulings around this have clarified that any item that is left at the property by a landlord is classed as a chattel and the replace/repair obligations apply regardless of what is stated in any written agreement, as landlords are unable to contract out of the law.

The only way to remove landlord liability for a chattel is to 'gift' the chattel to the tenant. This can be written into the tenancy agreement confirming that the tenant has requested the chattel be left at the property and they are happy to take on ownership and maintenance/disposal responsibilities if it breaks. 

One key thing to remember here is that if the chattel remains in working order technically the tenant can remove the chattel when they vacate the property as it has been gifted to them.

Our general advice around chattels is to only leave items at the property which you are happy to replace or repair when they go wrong. Our team can give advice on tenant preferences/requirements on certain chattels in terms of their value to prospective tenants.

Its not possible to assign responsibility to the tenants for any 'fixtures' of the property. These are generally things that cannot be removed easily from the property such as light fittings, heat pumps, waste disposal units etc. These are always the responsibility of the landlord to repair or replace when required as per section 45 of the Residential Tenancies Act - Landlords' Responsibilities.