Like for like replacement

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    Like for like replacement

    My tennats are insisting that I replace the broken fridge/freezer with one of the same size and are even quoting the model which they want. I have ordered what I deem to be a perfectly adequate model which is 40cm shorter than the one which they are demanding. Do I have to replace like with like ?

    #2
    Originally posted by smallbo View Post
    My tennats are insisting that I replace the broken fridge/freezer with one of the same size and are even quoting the model which they want. I have ordered what I deem to be a perfectly adequate model which is 40cm shorter than the one which they are demanding. Do I have to replace like with like ?
    The model should be of similar standard to the one replaced. Ie cost roughly the same to run and offer roughly the same amount of storage. Does the 40cm reduction in size lead to a significant reduction in storage capacity?
    [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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      #3
      Yes, by about one shelf. But the broken fridge/freezer was about two years old and I'm relacing it with a brand new one.
      The original one was 200cm high, the one I'm proposing is 144cm high and the one the tenent wants is 182cm high. Does it really matter for less tha 40cm ?

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        #4
        It is a contractual issue - the tenancy came with a fridge/freezer of capacity X and you are no longer providing that. Would the tenant sue over your breach of contract? Probably not - it wouldn't be worth it for the damages involved - but it will have a major impact on goodwill -will tenants leave early because of your breach? How much will that cost you in void / re-letting?

        This one is less than £300 at the first place I looked - bet you could find it cheaper http://www.dixons.co.uk/gbuk/beko-cd...64761-pdt.html

        EDIT: Same thing but graded (minor cosmetic) £240 http://www.idealkit.co.uk/products/b...FQEd4QodPALEMQ

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          #5
          I understand that, but the inventry just states fridge/freezer and no model or capacity are mentioned, so is that breach of contract?
          As for goodwill - the way the tenent has gone about this has already effected that !! He is in the legal profession, so who knows, but we have been more than reasonable about other minor repairs to the house and even pay to have the garden mowed & windows cleaned
          I have already ordered the item as recommended by the letting agency and stand to loose money if I have to cancel it.

          Comment


            #6
            It's your choice - you are in breach of contract but the tenant probably wont do anything except (possibly) vote with his feet.

            All T needs is some proof of what was originally there - and a simple photo will do that. Lets face it, if he was going to make a fuss he could be photographing all the relevant model numbers, serial numbers etc right now.

            Can't understand why you asked the question if the freezer was already ordered and so you knew you were going to ignore the advice anyway - hey ho.

            Also can't understand why the letting agency are recommending freezers to you - most letting agents know nothing about property, let alone electrical appliances, are they on a commission?

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              #7
              I understand that, but the inventry just states fride/freezer and no model or capacity are mentioned.
              As for goodwill - the way the tenent has gone about this has already effected that !! He is in the legal profession so who knows ?
              We have been more than reasonable about other minor repairs to the property and even pay to have the windows cleaned and the gardens mowed.
              I have already ordered the item as recommended by the leting agency and stand to loose money if I have to cancel it.
              It has become a matter of principle - do we really have to get them the model they are demanding ?

              Comment


                #8
                Originally posted by smallbo View Post
                I understand that, but the inventry just states fride/freezer and no model or capacity are mentioned.
                As for goodwill - the way the tenent has gone about this has already effected that !! He is in the legal profession so who knows ?
                We have been more than reasonable about other minor repairs to the property and even pay to have the windows cleaned and the gardens mowed.
                I have already ordered the item as recommended by the leting agency and stand to loose money if I have to cancel it.
                It has become a matter of principle - do we really have to get them the model they are demanding ?
                Contracts contain information which can be contained in written terms and unwritten terms. As I said before the item should be materially the same as before. We've given you advice, if you do not want to listen to it then that is your choice. I personally would be pretty annoyed if was given a replacement item that was in excess of 25% smaller than the original item when i took the place.

                That said I would not be bullied into buying a specific brand.
                [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                Comment


                  #9
                  Originally posted by smallbo View Post
                  do we really have to get them the model they are demanding ?
                  No, as MrJohnnyB says in post 2

                  The model should be of similar standard to the one replaced. Ie cost roughly the same to run and offer roughly the same amount of storage.

                  Comment


                    #10
                    Originally posted by smallbo View Post
                    It has become a matter of principle - do we really have to get them the model they are demanding ?
                    It is not a matter of principle, it is a matter of contract law. For example, if you supplied a double bed, you can't replace it with a single bed just because the inventory doesn't give the size and make of the double bed.

                    You do not have to replace the fridge/freezer with the model the tenant is demanding, it just has to be the same size and capacity as the old one.

                    Comment


                      #11
                      The bottom line is:

                      1 Will the tenant sue for not getting the same size fridge? I don't think they will.

                      2 Will the tenant move out over it? I very much doubt it but they may ask for a rent decrease.

                      3 Is it really worth the possibility of losing a tenant over a fridge and most likely lose a lot more through a vacant period in between any new tenants moving in. Also if they stay they may become bloody minded and just complain about every minor issue that arises.

                      4 Sometimes as a landlord it hurts to make some decisions because it goes against the grain but at the end of the day it is a business and it should be a commercial decision.

                      Comment

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