The client lives in his flat buys a new one and decides to let the old one out.
The flat already has a washer and he decides to replace it with a new one, like for like. Does this qualify as a replacement of domestic items if he replaces it before the property is let?
one of the rules states that the old items has to be used in the rental business, if it is replaced before the business starts then the old item has not been used in a rental business yet.
What about if he replaces it once the rental agreement is signed but before the new tenants move in? The guidance says the rental business begins on the day the property is first exploited. this is the date the contract is signed. So if they replace the times after the contract is signed but before they move in, then it is allowable?
Interested to know what other think
Replies (9)
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Neither the guidance nor the legislation say it has to have been used. They say "item has been provided for use in the dwelling-house", which is not the same thing.
That would seem to indicate it does not have to actually have been used, however to me it suggests a tenant has to have been there while it was in the house, otherwise in what sense has it been provided?
If the tenant has made it clear that a new washing machine is a condition of them moving in, I think it's been made pretty clear they are not being provided with the old one, however I suppose it's open to interpretation.
Neither the guidance nor the legislation say it has to have been used.
Can we no longer take anything an OP says as being true?!
I think we can be charitable and say perhaps OP was paraphrasing and did not consider the two statements to be materially different, and I swooped in for a never to be missed opportunity to be a pedant about it.
Tax and proof reading. About the only jobs where the more of a pedant you are, the better you are.
Neither the guidance nor the legislation say it has to have been used. They say "item has been provided for use in the dwelling-house", which is not the same thing.
That would seem to indicate it does not have to actually have been used, however to me it suggests a tenant has to have been there while it was in the house, otherwise in what sense has it been provided?
If the tenant has made it clear that a new washing machine is a condition of them moving in, I think it's been made pretty clear they are not being provided with the old one, however I suppose it's open to interpretation.
"They say "item has been provided for use in the dwelling-house", which is not the same thing"
See above
See below, 150 years ago, and holds true.
Mad Hatter Tea party
Then you should say what you mean,” the March Hare went on.
“I do,” Alice hastily replied; “at least–at least I mean what I say–that’s the same thing, you know.”
“Not the same thing a bit!” said the Hatter.
“You might just as well say that ‘I see what I eat’ is the same thing as ‘I eat what I see’!”
“You might just as well say,” added the March Hare,
“that ‘I like what I get’ is the same thing as ‘I get what I like’!”
“You might just as well say,” added the Dormouse,
who seemed to be talking in his sleep,
“that ‘I breathe when I sleep’
is the same thing as
‘I sleep when I breathe’!”
A fantastic example of how taking a quote out of context can completely change its meaning.