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Replacement of domestic items

Does replacement count if it replaced before the date of first let.

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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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By Tax Dragon
24th May 2021 10:33

Does the guidance explain what "used" means?

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Replying to Tax Dragon:
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By harpsong
24th May 2021 10:44

just:
"an old domestic item that has been provided for use in the dwelling-house is replaced with the purchase of a new domestic item"

It was provided for use in the initial viewing of the property. to show prospective tenants what they were getting - at which point they requested a new one as a condition to them moving in

I guess they could wait until the tenant moves in and does one load of washing

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By Duggimon
24th May 2021 10:59

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.

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Replying to Duggimon:
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By Tax Dragon
24th May 2021 11:08

Duggimon wrote:

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?!

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Replying to Tax Dragon:
By Duggimon
24th May 2021 11:11

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.

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Replying to Duggimon:
By ireallyshouldknowthisbut
24th May 2021 12:24

Tax and proof reading. About the only jobs where the more of a pedant you are, the better you are.

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Replying to Duggimon:
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By frankfx
24th May 2021 14:13

Duggimon wrote:

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’!”

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Replying to frankfx:
Stepurhan
By stepurhan
24th May 2021 14:48

frankfx wrote:
‘I breathe when I sleep’

Unless you have sleep apnea, in which case you sometimes don't.
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Replying to stepurhan:
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By Tax Dragon
24th May 2021 15:08

A fantastic example of how taking a quote out of context can completely change its meaning.

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