Fridge gone from new to used

iviv

On Saturday I'm moving into my first flat, down in London, so I want to make sure everything is ok for me and I'm not getting messed around. It is a converted office, brand new, all the other flats are filled and I was the last one. When I looked around, it was missing the fridge and washing machine, but I was told there would be new ones fitted by the time I moved in. We agreed, I agreed to pay 6 months in advance as they were looking for someone on £25K/year, and I'm not earning quite that much but still wanted it as it was in an ideal location, so they said if I paid 6 months up front, then after that 6 paid the next 6 then it would be fine, and I have no problem with this. Asking them about an actual deposit, they said there was none, so no need for a DPS? I'm a little unsure about this, but didn't know enough about this to question it. Where do I stand? As they have no deposit, what if I do damage the flat? Do they even have any recourse? It seems a little odd.

I later went down to the flat again to take measurements and sign the inventory for the flat as it was essentially unfurnished. The washing machine had arrived, but the fridge freezer hadn't been decided upon. Instead, on the inventory it simply stated:
Fridge Freezer. Condition: Brand New.

Even early this week when I spoke with them asking for the details of the fridge freezer, since I wanted to know if I would need a separate freezer as the little compartment you get in the combos was too small, they hadn't found one.
I started paying the rent from today, the 31st, and dropped them another email asking about the fridge, and got this reply:

I can confirm the fridge has been installed and the flat has been cleaned. Unfortunately, the fridge is not brand new - we can amend the Inventory tomorrow. Please bring your copy with you.

Thing is, along with the lack of deposit, I have no idea where I actually stand on this. Its not ideal, but I start work in london on the 12th, and doubt I could find somewhere else to stay, plus I'd undoubtedly have to fight to get the 6 months rent back if I did want to leave them, despite them changing the inventory after we had both signed on it.

Thanks in advance.

Pupnik

You want to find a different flat because the fridge isn't brand new? It is extremely unlikely you would get a new fridge in any other flat either - they won't be replaced every time a new tenant moves in. Presumably it has been cleaned as the email mentions the flat was cleaned.

thelem

I don't see why it matters if the fridge is brand new or not. The only potential problem I see could be an argument when you move out if they try and claim you've swapped a brand new fridge for an older one, which is why the LL/LA offered to amend the inventory.

If you damage the flat you're still responsible for paying for that damage to be fixed, but if you refuse the LL will need to take you to court to get the money, rather than just taking it from the deposit.

iviv

Fair enough. Thanks for the quick replies. I'm honestly not sure what I was expecting, to be honest. I just thought it was a little weir not having a deposit, and then changing the fridge from a new to a second hand one despite the inventory saying to the contrary. But as long as it works and its clean, there's not really much to complain about XD

Fire_Fox

You are seriously thinking of trying to give up a brand new flat in an ideal location because the fridge is not brand new? Just be sure it is correctly listed in the inventory AND they agree in the AST to repair or replace the appliances if they breaks down.

iviv

Fire_Fox wrote: »

You are seriously thinking of trying to give up a brand new flat in an ideal location because the fridge is not brand new? Just be sure it is correctly listed in the inventory AND they agree in the AST to repair or replace the appliances if they breaks down.

Nah, it wasn't anything like that. I just got a little worried given the large sum of money I'd given them up front, the lack of deposit and so no protection from the DPS, and then the changing of the inventory. It just seemed a little weird. I'm putting it down to 'first time mover's paranoia'!

Pupnik

It does seem weird to have no deposit - but the deposit is supposed to protect them, not you, so I don't think you have anything to worry about. Perhaps bring it up when you go and amend the inventory?

Fire_Fox

iviv wrote: »

Nah, it wasn't anything like that. I just got a little worried given the large sum of money I'd given them up front, the lack of deposit and so no protection from the DPS, and then the changing of the inventory. It just seemed a little weird. I'm putting it down to 'first time mover's paranoia'!

As long as the owner has consent to lease or a BTL mortgage (see the stickies), you have an AST and you have paid the six months to the genuine agent of the owner you are extremely unlikely to be evicted in that six months, so you will not lose the money you have paid up front. You don't need the protection of the DPS because there is no deposit to protect.

As long as the inventory is changed there is no issue. Communicate as much as possible by e-mail and letter and keep copies of everything, including that message you received about the fridge. This is your extra layer of protection for the paranoid/ cautious/ sensible.

securityman

I am sure that paying 6 months advance rent is classed as a paid deposit in the eyes of the law.