Private tenant broke a freezer!

kitschkitty

Yup he can't claim more than the old appliance was worth based on it's original price minus depreciation for the number of years old it was (so from your PoV the older & cheaper it was new, the better). Trying to get you to pay for the full price of a replacement is called betterment.

If he pursues that route, you're within your rights to replace the freezer (with whatever you choose), keeping the old one safely in storage & when your tenancy is over take yours with you (old one restored to it's original place), and get the tenancy deposit scheme your deposit is with to arbitrate how much compensation you owe him towards a replacement.

olly300

nadirnwo wrote: »

Yes I have, but over a few emails it seems that he is expecting me to pay the bill for whatever choice he makes. Its a Zanussi 45/30 ss, from what I can find online its over 20 years old (if thats correct), they are used ones available online for £40-50£.

He's not allowed betterment and you need to politely point that out to him.

nadirnwo

Thank you all for your comments. I guess the trick now is to how to politely get across the point regarding betterment to my landlord.

sandsni

While the LL can't claim for a brand new freezer, you DID break a perfectly functional one, so try to keep that in mind when you're negotiating a fair contribution towards a replacement. A bit of goodwill might be worth more than a few quid if you're planning to stay in the property for a while.

newsgroup_monkey

None of the usual pros have been in this thread yet.

As I see it, Freezers aren't expected to last more than 8 years (based on this:
http://www.chrisulph.co.uk/2011/01/23/tenancy-deposit-deductions-and-apportionment-case-studies/#1 )

Therefore he's going to struggle to force anything out of you.

On the other hand, as you say, you did break it and I think you should offer a token amount.

I'd be interested to hear some of the views of the experienced guys on here.......

Strapped

Regardless of the finer points of law, I think it would be only fair for the tenant to make a contribution. They broke a working item, even if that item was "technically" worthless.

nadirnwo

I am very happy to make a contribution. I have found that the unit is available second hand for £70-£80. But given the time taken for the landlord to replace etc, I am happy to contribute £150.

However, he is currently looking at new units and is saying that he will forward me the bill. I just want to make sure where I stand legally and whether I can refuse to pay for a new unit.

DRP

nadirnwo wrote: »

I am very happy to make a contribution. I have found that the unit is available second hand for £70-£80. But given the time taken for the landlord to replace etc, I am happy to contribute £150.

However, he is currently looking at new units and is saying that he will forward me the bill. I just want to make sure where I stand legally and whether I can refuse to pay for a new unit.

It sounds like the 'betterment' argument is appropriate. ie. yes, you are under no obligation to provide a brand new fridge freeazer.

I would ring him and send him a letter with the relevant info before he buys the new unit - it will likely p*** him off no end if he has to fund a brand new FF for you :rotfl:

nadirnwo

Thanks, I am meeting him in the evening. Hopefully, he will realize that betterment is an issue.

nadirnwo

So my landlord came in last evening, took some measurements. I stated twice that I am happy to pay twice the current value of the unit I have broken, but he is now thinking about redoing the whole kitchen! No quotes given, he still hasnt choosen a replacement and no time line given on when it will be replaced by.