Landlady replaced fridge/freezer but not the same as the original

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    Landlady replaced fridge/freezer but not the same as the original

    Hi all

    So ive just moved into a new property, Im 2 weeks in and already having issues with the landlady.
    When we moved in the shelves in the fridge were broken, i told her and she sent someone round to check it out (she lives abroad) The guy confirmed that it was broken and told her it would be better to replace the fridge. She agreed and asked me for all the details of the current one.
    The old one had a freezer compartment in it (its one of these under the counter jobbies) now we used that compartment a lot, she told me that she would replace the fridge and get one with a freezer compartment.
    Fast forward to the install day, the guys come round to instal it and its a new fridge, no freezer compartment. I was told i would have one, even the install guys said that they were told there would be a freezer compartment. Get on the phone to the Landlady she said she cant be bothered to change it and we will have to deal with with one, like it or lump it basicly.

    Now in the tenancy agreement it clearly states the property is furnished with a fridge with freezer compartment, scroll down abit and it states that if the landlords goods are in dis-repair they will be repaired or replaced with something of the specifications. I informed her that this is what the agreement states, her attitude was i don't care if you don't like it move out. Not what i was expecting after being her tenant for only 10 days.

    Any advice on what I can do? I know its only a small compartment but At the end of the day the contract states a freezer compartment will be provided, doesn't matter if its big small black or white, we used it.

    Thanks in advance.
    Nathan

    #2
    Honestly? Not a lot.

    You could sue your landlady for her breach of contract and a court may order her to refund to you an amount that reflects the loss of value you have suffered as a result of this breach.

    Lets say your rent is £500 a month and that includes a working but aged fridge with a frozen compartment. Now how much would the identical property rent for with a brand new fridge? The difference is what a court might award you. IMHO, the difference is £0. Even if we say the flat is worth £10 a month less (unlikely), on a 12 month contract, that is £120 - you could buy a freezer for less than that.

    Comment


      #3
      Most modern under-the-counter fridges no longer have a freezer compartment or the shop did not have one in stock (based on what installers said), so ring the shop and ask if what was sent is what was ordered. or visit the shop and check what is now in stock/avail?

      Comment


        #4
        I do have some sympathy - because of the (reported) very explicit wording of the tenancy agreement. However you really should pick your fights, and this is not one I would pick. Small freezer compartments are rubbish anyway, and only keep food in a healthy state for a week or three. Spend £150, get yourself a nice mini freezer with 10 times the capacity, and save yourself £300 on food over your tenancy. That is presuming there is place to put it.

        Comment


          #5
          It's not right. That much is certain. However, the Landlord has an approach that demonstrates they think they hold all the cards. They might well. Not a good start and I would be "lumping it" but on my own terms, hopefully in my own time. What you have here is the beginning of a long-term challenging relationship full of resentment. I'd do something about that, rather than the freezer.

          Comment


            #6
            Is this rented via an agent? If not landlord needs to provide evidence of written agreement from HMRC taxman or you should withhold 20% of rent(as she lives abroad).

            Do you have a formal address in England or Wales for "serving notices" on landlord?? (If not rent is not due).

            Gas safety certificate?

            This landlord isn't going to change her mind, even though she has broken the contract. I would just buy something like this.
            http://www.amazon.co.uk/Capital-CT40.../dp/B0184A3TS2

            Sorry, wrong, unfair etc etc .. but...
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              I'm not sure I agree that it's a lost cause.

              The issue is that the landlord sounds like a bit of a tosser and the most likely reaction to sorting this out would be an eviction notice as soon as the fixed term ends.
              Otherwise I'd be tempted to suggest replacing the fridge freezer with another fridge freezer and deducting the cost from the next rent payment.

              A middle ground might be to buy a new small freezer and take it with me when I left.
              Something like http://www.argos.co.uk/static/Produc...er/4810430.htm
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                Originally posted by jpkeates View Post
                Otherwise I'd be tempted to suggest replacing the fridge freezer with another fridge freezer and deducting the cost from the next rent payment.
                Even as the tosser Landlord, I'd see that as a bit of an escalation of the situation and I'd react... unfavourably.

                Comment


                  #9
                  Originally posted by Hippogriff View Post
                  Even as the tosser Landlord, I'd see that as a bit of an escalation of the situation and I'd react... unfavourably.
                  Very unfavourably. I would write a letter before action and initiate a Money Claim for unpaid rent. Regardless of my sympathy for the tenant in this trivial scenario, anything but an extremely robust response to witholding of rent under this sort of circumstance would likely lead to a disaster.

                  Comment


                    #10
                    Thanks for the advice all, appreciate it.
                    The stock was there, she's just buggered up the order, she admitted this to me. She just couldn't be bothered to change it.
                    Its the attitude that winds me up the most, we are less then 2 weeks into the tenancy and shes lost my trust already, i mean what happens if something else goes wrong something more serious maybe.
                    She also told me if im not happy with her decision we can move out. Again not what i wanted to hear and not really an option.

                    in reply to TheHeartfullLodger (Great username!) we rented though an agent but its fully managed by the landlady, there is also a UK address in the contract for the Landylady, its next door, i think her daughter lives there.
                    No need for a gas certificate as its a fully electric property with economy 7.

                    As she has broken the contract and since as she has given us permission to move out (although i don't have that in writing, but she has told the letting agent she said it), if we see a new place that we like in a month of so for example, could we walk away?

                    Thanks again

                    Comment


                      #11
                      Did the landlord provide you with an Energy Performance Certificate?
                      Did the landlord provide you with a print-out of a government booklet called 'how to rent'?

                      With regard to accepting the landladys offer at a later date, you have to be careful. If you try to accept the offer after you next pay rent, it might be construed that your payment of rent indicates you are happy with the situation.

                      I'd call the agent and get them to clarify in writing on what terms you can leave.

                      Comment


                        #12
                        She bu**ered up the order, or did the shop? Why did delivery men say they were expecting to bring fridge with freezer compartment?
                        Don't rely on LLs offer, be more prof than her and give proper Notice when you want & the Law allows.

                        Comment


                          #13
                          Yeah we got all those documents
                          I see your point there is does make sense. Thinking realistically, i got a 6 month break clause put into the contract, worst comes to worst ill just use that come June. But i will call the agent again when all has calmed down to clarify. I messaged her last night explaining my reasons of why im not happy with the situation explained reasons etc etc, her response is still the same, im clearly not going to get anywhere with her.
                          Well i can only go on what ive been told by the installers and the LL, the installers said they were expecting to pick one up with a compartment, they clearly didn't check it was the right one when they collected it, got to mine opened it up and it was wrong, we both checked the invoice and it match the one we had in front of us. Got on the phone to the LL and she admit shes screwed up

                          Comment


                            #14
                            Under DSR LL had 7 days to return/exchange for correct model before installation. I doubt there was a sig inc in price. Why did you mot 'reject' the fridge at time?

                            Comment


                              #15
                              Originally posted by mariner View Post
                              Under DSR LL had 7 days to return/exchange for correct model before installation. I doubt there was a sig inc in price. Why did you mot 'reject' the fridge at time?
                              We don't know it was done over the phone/online etc.
                              Allow tenants to protect their own deposits. I want free money when they do it wrong

                              Comment

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