Landlord maintenance charge dispute

GMNN

My partner and I moved into a new flat about 2 months ago. Around 2-3 weeks after moving in the freezer started leaking water and leaving large puddles on the kitchen floor. We couldn't figure out why, so notified the landlord who then organised for a repair guy to come over and inspect the freezer.

He reported that the leak was due to ice build-up blocking the water run. The landlord now want us to reimburse them for the £45 call out charge, as they are claiming that the ice build up was due to us not defrosting the freezer and therefore we should be responsible for covering the repair costs..

We disagree and don't want to pay because we feel that the blocked water run is not our fault, it was not caused by any misuse, negligence, or damage on our part. The freezer was defrosted before we moved in so we think it is unreasonable to have expected us to defrost it within the first 2-3 weeks after moving in, especially as there was no sign of any frost build-up on any surface inside the freezer and the manufacturer's recommended defrosting frequency is once per year.

We explained all this to the landlord but they have replied with "We would refer you to section 5.11 of the tenancy agreement. That clearly makes you liable for this cost. [...] There was no fault with any part of the freezer as reported by the engineer. You are aware of the terms of your lease and the water leak was the result of a build up of ice. That is your responsibility."

Section 5.11 of the tenancy agreement states

(5.11) To keep the interior of the Property and the Contents in good and clean condition and complete repair
(reasonable wear and tear excepted) and to keep the Property at all times well and sufficiently aired and warmed
during the tenancy

It's not at all clear to us that this means we should be responsible to cover this cost..

What are your opinions on this matter? Do you think we should reimburse them or keep arguing? We've exchanged quite a few emails now going back and forth - what's the next step if we can't come to an agreement?

Thanks for your help

danslenoir

Not an easy situation.

Morally I feel that you are in the right and the landlord is being unreasonable.

However, you have just moved in and escalating this disagreement over something relatively trivial could mean your ongoing relationship with your landlord is less than pleasant.

tlc678910

Ask the landlord how often they defrost their freezer. If it's not every 2-3 weeks they have their answer.

Oh and you need a new freezer as you do not expect to defrost it ever 2-3 weeks. Now how to mention that to the landlord :think:

Good luck
Tlc

Guest101

Dear LL,


I refer you to the reply given in....

eddddy

FWIW - if the drain hole has blocked that quickly, I would suspect that it was partially/fully clogged with something other than ice. (e.g. a few stray frozen peas or a general gunk build up.)

Perhaps the repair guy has cleaned out the drain hole - but it might be worth double checking.

Obviously, if it was already clogged before you took over the flat, it shouldn't be your responsibility.

AdrianC

If the freezer wasn't fully dried after defrosting, before powering back on, then that could cause an ice plug to block the drain - as could being a bit careless with trays of water to become ice cubes.

If the drain repeatedly blocks, despite care taken, then there may be cause to ask the landlord to rethink. Until then, all evidence points to it being user error.

bouicca21

In my last flat the ice in the fridge run off hole was a problem. I had to check it regularly - though tbh it was obvious that it needed doing as there would be water and or ice in the run off area. The fridge was old and supposedly self defrosting, but When this happened I did actually have to turn it off at the mains and give the ice time to melt, plus have to clean out the hole.

dc197

I think that is IS clear from the quoted clause that you are supposed to keep things is a good and clean order. This includes the freezer., even if it is a naff one and even if it was not drained and dried properly at the last defrost.

You could have inspected and solved this easily yourself without needing anyone to pay £45.

Maybe a compromise would be to pay that charge on the condition that a new freezer is provided.

paddyrg

+1 for the drains being a bit gunged up anyway - have a good old poke with some pipe cleaners and see if you can encourage it

GMNN

Thank you all for the replies, I will definitely keep an eye on the drain hole.

I'm still not sure about paying the charge, I think it's unfair, but as it's been said not really worth damaging our relationship with the LL over £45..