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AIBU?

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Original poster

to ask landlord to pay for freezer food after he failed to repair freezer?

65 replies

cestlavielife · 15/05/2014 12:40

I advised LL 10 days ago that frost free fridge freezer was icing up constantly and I had thrown away one lot of food; I asked for new FF he said no - will repair.... I had tried to blow dry/defrost thoroughly, still icing up...advised LL, he sent freezer man who blow dried the ice away as I had done and said it was fixed...within hours it was icing up, I called them back, they came and freezer man said no "it fixed it fine". [went out bought expensive haagen daz ice cream and meat!]

continued to ice up but ignored as freezer man had said it was normal and fine...four days later opened door to check and ice cream etc all melted.. meat ruined.

LL sending freezer man back today... my insurance cover does cover food in freezer but has excess of £100 - it's probably £40 or £50 worth...

who pays?? as LL failed to repair or replace it's their liability?

(new rental but full of old appliances and multiple problems ...)

OP posts:
CuntBiscuit · 15/05/2014 12:51

Doesn't your contents insurance cover it?

CuntBiscuit · 15/05/2014 12:52

Ah, sorry - misread. You can ask, but I guarantee your landlord won't take it well. (plus they'll just ask the same insurance question I did, I'm afraid)

Original poster
cestlavielife · 15/05/2014 12:56

yup - my insurance cover does cover food in freezer but has excess of £100 - it's probably £40 or £50 worth...

OP posts:
holidaysarenice · 15/05/2014 12:59

The landlord won't cover it. He did his duty trying to fix it. Why did you leave it four days before checking? It's your contents which should be insured of they mean that much to you.

holidaysarenice · 15/05/2014 13:00

And you sound very entitled when you say 'I asked for a new one' straight off. Not can you look at this and see of its fixable or needs replaced.

Original poster
cestlavielife · 15/05/2014 13:39

I was checking every day - ice build to complete failure was over few days... i checked day after they had "repaired it" and said look the ice is building up it will fail again. they said oh no its fine it supposed to do that!
as I had told LL - that freezer works for few days then ice builds up and it fails.

I had pvsly asked LL for instruct manual for freezer as had told him there was an issue of ice building over few days... no manual as old FF

I can see your points, however this is series of issues with this flat of eg cooker and hob had to be replaced as didn't work; windows don't open eg sashes completely gone can only wedge open kitchen window with a block of wood so only get one inch of open window... so they need to look into replacing/repairing kitchen window, etcetc. [while inventory says everything in good condition....)

OP posts:
Original poster
cestlavielife · 15/05/2014 13:40

and yes I think I am entitled to fully working essential and non-optional appliances ...

OP posts:
AgaPanthers · 15/05/2014 13:51

It sounds like the repair man is at fault. Why are you blaming the landlord?

AmenGirl · 15/05/2014 13:55

Going through similar issue ATM. Best advice I can give is to not give up! Landlords are dreadful for trying to push issues away, as soon as you back down they know what kind of tenant you will be. You are PAYING this man for his property and with that, decent livable conditions. YANBU just keep emailing/ringing/popping into the office all the time you can spare and eventually it will get sorted out IME.

LuisSuarezTeeth · 15/05/2014 13:59

Landlord has done as he should. No, he shouldn't have to cover it.

Just have to suck it up I think - these things do happen.

specialsubject · 15/05/2014 14:08

no, the landlord doesn't cover it although he needs to know that the repairman he paid for was useless and that there is still a problem.

your insurance covers it. But are you sure on that excess? My freezer food excess is zero, while the other excesses certainly aren't.

and if the appliances are as they were when you viewed the place, that is the contract you signed. Yes, what is provided should work but that doesn't mean you get brand new ones.

amengirl please stop the generalised whining about landlords, so common on here and so nasty.

liketohelp · 15/05/2014 14:16

Your landlord is being v unhelpful, but I don`t know what the law is on this - maybe check in your lease/ contract?

I have been a "landlady" temporarily when I let my home, and I would certainly have replaced a useless freezer in those circumstances.

fifi669 · 15/05/2014 14:16

Quick question... So when the freezer starts icing up a lot it's on the way out? I'm a bit useless at these sort of things! At the moment it just seems to be the top drawer but it does get quite noisey too....

Original poster
cestlavielife · 15/05/2014 14:20

The following excesses are applicable:
Contents £100 as standard in respect of each and every claim in this policy. As from 1st November 2011 for
new customers and as of 1st December 2011 for renewals, an excess of £250 for any Escape of Water
claims is applicable.

I called insurance they said its 100£ excess

inventory said FF good condition - it isn't if it isn't working. it isn't safe because food safety is critical.

I have seen that White goods provided by the landlord must be in a reasonable state of repair and in proper working order. All gas and electric appliances MUST be safe.

There is no statutory obligation on landlords or agents to have professional checks carried out on the electrical system or appliances. However, under Common Law and various statutory regulations: The Landlord and Tenant Act 1985, The Housing Act 2004, The Electrical Equipment (Safety) Regulations 1994, and the Plugs and Sockets etc. (Safety) Regulations 1994, both of which come under the Consumer Protection Act 1987, there is an obligation for landlords to ensure that all electrical equipment is safe.

OP posts:
MrsJaffaCakes · 15/05/2014 14:30

I am probably in the minority but I think that your landlord should pay for the food. It's not your fault that the repair man did a rubbish job; maybe the LL should have got a non-cowboy in to sort it! Like someone else has said, you are paying for the accommodation and are fully entitled to have working appliances!

Original poster
cestlavielife · 15/05/2014 14:36

i was happy to put up with cooker not working for few weeks, also windows no rush - if washing machine breaks i can wait for repair... but fridge freezer is about food safety and is essential appliance. you cant mess about with food safety.

that's s why i think ll knowing FF was old should have gone for replacement straightaway... i gave example of suitable eg online FF for £250 .

i had asked LL on 2 may for Ff instrux and to look into it as i was defrosting it every few days to stop ice build up. repeated with urgent request 9 may - that's when repair man came 10 may.

for other appliances fine to try repair but fridge is needed to be working 24/7 as its about basics - food etc . .

OP posts:
MrsJaffaCakes · 15/05/2014 14:44

He sounds like a landlord that wants the money from renting but doesn't want any of the hassle of actually making sure that things are decent and in working order. How much is your rent per month?

Hissy · 15/05/2014 14:58

Inventorys list physical detail of appliances, and do not test them. Testing windows is not necessarily part of the inventory clerk's duties either.

Likewise all Gas and Electric appliances are tested for safety from a gas or electricity point of view, not whether they work or not.

Do you have a Letting Agent? can you call them for advice?

Failing that, contact CAB and see what they say.

Original poster
cestlavielife · 15/05/2014 15:02

London it is s a lot...ok so it is cheaper for the road because décor very old and kitchen outdated.... bathroom white but outdated fittings... not modernised, the toilets must be Victorian...flush takes an age and goes gloop ...

but no reason for free standing FF not to work if supplied. I might ask them to remove it and I get my own !!

OP posts:
Wibblypiglikesbananas · 15/05/2014 15:09

I'm a landlord and I'd have (a) got a new freezer/had it fixed properly ASAP and (b) offered to pay for the damaged food myself in the meantime. Yes, maybe technically I wouldn't have to but it's not the OP's fault, is it? But then DH and I appear to be in the minority when it comes to landlords who apply basic common sense and courtesy.

In the same way, when our tenant's boiler broke, I got a call Thursday afternoon, had two engineers quote on the Friday and a new boiler was installed and fully operational on the Tuesday, so five days later. I couldn't have got it quicker if I'd been living in the property myself. And I offered the tenant a discount on the rent, because that seemed the decent thing to do. To tell the whole story, I'd had an emergency c-section the week before, the property is in London and I live in the US. But that's part and parcel of being a landlord - you look after the bloody property.

I cannot stand rogue landlords - and shitty fob you off rental agents - as you can probably tell!

Good luck getting it sorted OP.

SueDnym · 15/05/2014 15:55

Um, a freezer isn't, actually classed as an "essential" item in the way you mean it. It's an optional extra. You can let a flat without a freezer and it will still be classed as fully furnished, whereas a flat without a fridge would have to be classed an "part-furnished". Your landlord isn't actually under any obligation to let you have a working freezer at all, unlike he is with the fridge, cooker, boiler etc.

He can fix it for you, or even take it away, and it won't make a difference to your tenancy, I'm afraid, providing it comes off the inventory. So, under those circumstances, he's not really liable in the same way as he would be if it was a different appliance.

Original poster
cestlavielife · 15/05/2014 16:45

well given it was supplied with the flat as part of the furnishings (and LL refused to move other items I asked her to take away and I have had to ask people to store eg chairs I didn't need....) then it has to be working...am quite happy for him to take it away and I buy my own... but I cant keep an old FF anywhere! I guess I could keep in garden .... store plant pots...

OP posts:
Original poster
cestlavielife · 15/05/2014 16:48

lease prevents me removing anything without permission -working or not...

OP posts:
Montegomongoose · 15/05/2014 16:53

Landlords are dreadful for trying to push issues away, as soon as you back down they know what kind of tenant you will be

Interesting generalisation.

I wouldn't bother asking for an instruction booklet; they are almost all available online, btw.

AgaPanthers · 15/05/2014 16:56

SueDnym, you can't just remove something from the inventory, if it was let with a freezer in place, that's a part of the contract.