Freezer broken - is this acceptable?

hopefulfooluk

Evening all,

I think I know the answer to this but I would like your thoughts.

A few weeks ago the freezer part of our fridge freezer broke. Told the landlord about a week ago and he popped around, asked a bit about it then said he'd get another one for us in a couple of days. Brilliant.

Tonight he turned up with a new fridge freezer for us. It would be fine for a single person in a small kitchen, but we are a family of four and it is much, much smaller than the existing faulty fridge freezer. There's no way we can fit what we need to in it. Maybe he didn't know we needed this space but it looks like he's just gone into a shop and bought the cheapest fridge freezer out there rather than providing something similar to the existing one.

Another thing I am not happy about (I was out when he turned up with it) is that he just dumped it in the house - my partner was home at the time (I was out) and she asked him about the existing one and he just told her to get me to take it out and put it out front so he can get the council to collect it. Now I'm not lazy, but I don't think this is my responsibility.

Do you think it would be unreasonable to ask our LL to take the freezer back to where he got it, give us one that's a similar size to our existing one, and fit it? I don't want to be a pain as I know he's gone out of his way to get us a replacement quickly - even if it isn't suitable for us. But on the other hand, I don't want to be taken advantage of.

What would you do?

Thanks in advance!

Emmzi

check your lease - I will be amazed if he has an obligation to replace at all for you. What does the lease say?

hopefulfooluk

Surely if it was supplied by the landlord and present on the inventory then it is implied that he is responsible for repairing it even if it is an unfurnished AST and doesn't say so explicitly?

Oldernotwiser

hopefulfooluk wrote: »

Surely if it was supplied by the landlord and present on the inventory then it is implied that he is responsible for repairing it even if it is an unfurnished AST and doesn't say so explicitly?

It's unfurnished and he still replaced it! What a jewel of a landlord!

hopefulfooluk

Thanks for the input. Now I'm very confused.

http://forums.moneysavingexpert.com/showthread.html?t=2109329

What difference is our case to the one in the thread above?

I should add that he hasn't bothered protecting our deposit (he told me it's too much hassle), and mortgage statements arrive at the house (which would indicate no consent), so I don't think he's the jewel you think he is.

G_M

Unless the Tenancy Agreement makes express provision, the LL does not need to repair a freezer. Read the underlined part of s.11(1) (Landlord and Tenant Act 1985) below:

Repairing obligations in short leases.

In a lease to which this section applies there is implied a covenant by the lessor:
(a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),
(b) to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
(c) to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

So unless the lease specifically states the LL will repair, maintain, replace the freezer, he doesn't have to. However many LLs do not know this.

Or they know it, but like me repair/replace anyway as part of good maintenance, good management, and good LL/tenant relations.

Your LL seems to have acted promptly and in good faith. Might be worth politely asking if he can substitute a larger freezer, but complaining about putting the old one out for him to collect? Come on! Do you need everything done for you!

Fire_Fox

My understanding was that if any such item is described in the letting agents particulars or the inventory it forms part of the contract so the landlord needs to repair or replace. However I am not saying that is gospel, as I can't be bothered to find a linky! I previously had a landlord that clearly stated at the start of the tenancy that the existing fridge was not part of the contract so would not replace. The place was rock bottom price and he was a great landlord so that seemed fair.

snapping_crocodile

My mum and stepdad rent their house out (to live abroad) and when the dishwasher broke they had to replace it because it is on the inventory. However I don't think there is anything in law that says it has to be like for like. I'm sure if you had a sort through of your stuff and stacked it better you would have adequate space. If you dont feel it is big enough then buy yourself another one, at least you could take it with you when you move elsewhere. Seems like the LL has done well to replace it so quickly. As for taking it outside, again is it that much hassle to take it outside yourself, at least the LL is arranging for disposal of it *shrugs*

On another note I would gently suggest to him that he is actually breaking the law on the deposit front, and ask that he protects it as soon as possible

MrsManda

If you rented the house with the freezer mentioned in the contract I'd have thought that you should get it fixed though as G_M said, they don't actually have to. I've always argued that I've rented a house on the basis they include certain items therefore they ought to be fixed when broken and this has never been a problem - though I've always rented furnished so perhaps there's a difference. There's nothing to say replacements have to be like for like though.

In terms of your deposit, if you signed your rental agreement after April 2007, providing the rental comes to £25,000 a year or less the LL is legally obliged to put your deposit in the a deposit protection scheme and you should have been given details of how it is protected within 14 days of the LL receiving the deposit so that you know who to contact should there be a dispute.
The information for this can be found on the Direct.gov website HERE

Without doing this, your LL is breaking the law:

What if your landlord isn’t protecting your deposit? You can apply to your local county court. The court can order the landlord or agent to either repay the deposit to you or protect it in a scheme. If your landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you.

hopefulfooluk

Thanks for the input all - I know it's not a big deal to move the old one out, and I will do as I now know that it's not the LL's job - I just didn't want to be doing someone else's dirtywork that's all. Based on what I now know the LL's obligations to be I think we'll just buy a bigger one and put the other one in the garage or let the LL have it back rather than get him to replace it for a bigger one.

With regards to the deposit, I am happy to let this lie if it means we have more power at the end of the tenancy - if he fails to pay it back without good reason I'll just mention the court/fine thing and that should get it back. And if it doesn't then we'll get 3x back. He's not going to go bankrupt as he's absolutely minted so I don't feel that's a risk. Sensible?

Geenie

hopefulfooluk wrote: »

With regards to the deposit, I am happy to let this lie if it means we have more power at the end of the tenancy - if he fails to pay it back without good reason I'll just mention the court/fine thing and that should get it back. And if it doesn't then we'll get 3x back. He's not going to go bankrupt as he's absolutely minted so I don't feel that's a risk. Sensible?

So you know the LL isn't acting within the law, but don't mind as it can be to your advantage long term!! You both deserve each other for sure. :rotfl: