New tenancy problem

[marypoppins]

I am looking for some advice regarding a tenancy that my son has just signed up for.

The inventory clearly states that there is a freezer in the house, which has turned out not to be the case. There is one small fridge and one large fridge.

The other housemates met up with the landlord to view and take possession of the keys but it wasn't spotted at the time because no one opened the appliance doors.

They have since spoken to the landlord who refuses to supply one!

I personally think that this is breach of contract but need someone to clarify this before I start shouting at the agents who were the original point of contact.

[SA Gold]

Re: New tenancy problem

Hi Mary,
So there are two fridges and the inventory states just a freezer, fridge, or fridge/freezer?
Either way sounds like a the second fridge may have been swopped for the freezer at some stage!
Is there room to swop one of the fridges for a freezer? Have they actually moved their stuff in yet? Is this direct with a Landlord or via an agency?

[marypoppins]

Re: New tenancy problem

Hi Mary,
So there are two fridges and the inventory states just a freezer, fridge, or fridge/freezer?
Either way sounds like a the second fridge may have been swopped for the freezer at some stage!
Is there room to swop one of the fridges for a freezer? Have they actually moved their stuff in yet? Is this direct with a Landlord or via an agency?

Hi missy, thanks for your reply.

The inventory clearly states that there a two stand alone units, one fridge and one freezer, there is a tall larder fridge and a small fridge so there is plenty of room to swop for a freezer.

They're in the process of moving their stuff in now, it was arranged via an agency and they met the LL at the premises last friday to take possession of the keys.

Hypothetically, what if the cooker didn't work after they moved in, it's on the inventory but it doesn't state that it's been tested!

[Never-In-Doubt]

Re: New tenancy problem

See what planB says. She's a landlady - she'll tell you

[marypoppins]

Re: New tenancy problem

Thanks Niddy, I've just been reading the AST and it states ....

Contents..... The fixtures and fittings at the property, together with any furniture, carpets, curtains and other effects listed in the inventory (where applicable)

I've also spotted that they have seven working days to reject the inventory that they signed, so I've advised them to email the agent tomorrow and reject it due to the missing appliance.

[SXGuy]

Re: New tenancy problem

I cant see why the agent wouldnt want to amend the inventory, its in their own interests at the end of the day.

When i had a rented property, they forgot to do an inventory check, which was great for me because they had no leg to stand on should they say, x,y,z is missing.

[marypoppins]

Re: New tenancy problem

Hi SXGuy,

Do you mean that they should have amended it and removed the freezer from the inventory?

The tenancy is also described as part furnished, which appears to be two double beds. This isn't a problem but kitchen appliances are a basic requirement unless an agreement is made prior to the signing of the tenancy.

The landlord has stated that they are not 'legally' obliged to supply a freezer.

[SXGuy]

Re: New tenancy problem

I don't know enough about tenancy laws, someone else may. I do have a friend who is a landlord, and ex estate agent, so I can find out if no one has any info to help. Im just assuming that should the inventory check be wrong, it may cause them issues in the future and would have thought they would want to amend it.

Like if they said, the house comes with a spa, and there is no spa, when the tenancy ends, would they want you to re furnish the property with a spa, or would they accept there wasn't one? They need to at least accept that some points in the inventory are wrong, or amend them, legally I don't know where this stands, im talking morally.

As far as I know, fridges etc fall under "white goods" the definition of what those white goods are, is something im unsure of.

[PlanB]

Re: New tenancy problem

I am looking for some advice regarding a tenancy that my son has just signed up for.

The inventory clearly states that there is a freezer in the house, which has turned out not to be the case. There is one small fridge and one large fridge.

The other housemates met up with the landlord to view and take possession of the keys but it wasn't spotted at the time because no one opened the appliance doors.

They have since spoken to the landlord who refuses to supply one!

I personally think that this is breach of contract but need someone to clarify this before I start shouting at the agents who were the original point of contact.

Golly, life without a freezer, where will your son keep his vodka Only joking

The Landlord is not in breach of the tenancy agreement which only says that the property must have everything in it as stated in the Inventory. It would also be reasonable for tenants to expect everything that was in the property when they originally viewed it to still be in the property when they take possession, unless they've asked for specific items to be removed or items added which should be made clear in writing in the tenancy agreement under "special conditions". Most prospective tenants wouldn't open an appliance door to check what's behind it on a first inspection, especially not a freezer for fear of defrosting everything by mistake.

Tenants should always be present at the inventory check-in and then they should sign the last page to say they agree with the contents since this is the point at which discrepancies are noted. This is usually done at the same time as handing over the keys. Most tenants are so excited or stressed out on moving day that they tend to say "Yeah Yeah Yeah whatever" to everything on the list. That is why the AST will say that the tenant has a further 7 days to record any amendments. Most inventories will note whether an appliance has been tested or not.

So unless the provision of a freezer was specifically made a condition of the rental (and noted on the rental acceptance form) then the Landlord has no legal duty to provide one. However it would be foolish of a Landlord not to oblige by getting one delivered to keep them happy, because a happy tenant is a tenant who will look after the gaff and pay their rent on time. I can understand the reluctance of the Landlord to remove one fridge to make room for a freezer because that raises a storage problem for him, and what if the next tenants want a fridge not a freezer which will mean he'll have to reverse that manoeuvre .

One easy solution is to buy one of those small freezers which fit on a work surface (or in a bedroom but freezers do tend to whirr in the night!) which only cost about £80. Since there may be four of them (I'm guessing that because of the two double beds ) twenty quid each is not too horrendous. And if course they can take it with them when they go, or sell it to the Landlord.

Here's one from Argos: http://www.argos.co.uk/static/Produc...er/4810430.htm

[PlanB]

Re: New tenancy problem

I've also spotted that they have seven working days to reject the inventory that they signed, so I've advised them to email the agent tomorrow and reject it due to the missing appliance.

I don't think they need to reject the whole inventory, they just want it amended so that it's accurate. A good inventory will list every appliance make and model so that the tenant can't do a switch. A "washing machine" is not good enough because I once had a tenant take a £500 Miele one and replace it with a rubbish one from Currys In fact there was case where the Tenant removed all the brass light switches and sockets and replaced them with plastic ones

An accurate inventory is vital for any end-of-tenancy dispute over the return of the deposit. I suggest that they double check everything on the list in case there are other amendments needed. Have they been told where their deposit has been registered yet? The Landlord has 30 days to do this.

[marypoppins]

Re: New tenancy problem

Thanks for all that info planB, I do find it strange that the inventory isn't part of the tenancy agreement but take your point about them checking the appliances and advising the agent accordingly, should they not match.

My son does have have one of those small freezers and fridge so he's really not desperate but as you say, a considerate LL would supply one to keep them all happy. (especially when the four sharers have coughed up nearly £4k in rent and deposit!)

I have emailed the agent to this effect and he is going to contact the LL and try and sort it.

I'll post up any developments.

[SXGuy]

Re: New tenancy problem

Just spoke to my friend whos a landlord / ex estate agent. And he informs me if the inventory says there is a Freezer, then you have a right to either demand one is fitted, or its removed from the inventory list.

So ring the agency and get this sorted. Dont take any excuses.

I would also imagine that this is not subject to the 7 day dispute stipulation, because its clearly wrong.

[PlanB]

Re: New tenancy problem

I would also imagine that this is not subject to the 7 day dispute stipulation, because its clearly wrong.

I completely agree. The dispute must be raised within seven days not resolved within seven days. These things can sometimes go on for months.

[marypoppins]

Re: New tenancy problem

Hi, just a little update here.

No freezer supplied, agent sent £20 as a gesture (one of the group said that they could get a second hand one for that amount off a friend) and he has also said that they can amend the inventory and the landlady will too.

It looks as though this landlady is going to be a PITA as she's already had her accountant chasing rent and she has also called the lead tenant today and shouted at her! The rent isn't due until 1st September and was paid in full yesterday. (it seems there was a problem with Barclays and the payment didn't go through immediately) In view of this, there is no way I would trust her to amend the inventory so I have advised them to send written confirmation and get written confirmation back from the agent that the missing freezer has been noted.

I have also advised them to ignore any more calls from the landlady or the accountant and deal directly with the agent, who they arranged the tenancy through.

Another question please. The tenancy agreement states that the deposit is protected but should they still expect written confirmation of this too?

I thought we had problems with student lets but this is getting off to a very bad start!

[SXGuy]

Re: New tenancy problem

Yes as far as im aware, whoever the company is that protects the deposit, would also be giving the tennat details of how and whos protecting it. At least this is what happend with me.