Dispute over freezer contents

[LadyLea]

I am a tenant - and moved in last week to a new property.

I had my own fridge freezer, but they insisted I used theirs. So I sold mine, and transfered all of my goods into theirs. Theirs was new - but been in property for 4 months not plugged in.

The light was on in the fridge, and it made all the right noises, so I asumed it was working (frost free type)

For the whole of 1st week I didnt really use it, as I ate out. At the end of the week - i went to get out frozen stuff to cook - and it was all soft. Then looked at the dial and it was in lowest position.

I changed dial to coldest position and left for a further 3 days ... still not working.

I lost £70 worth of food .... and called letting agent, who arranged new fridge freezer. Great - but they now saying is my problem to sort contents.

Even if I had insurance - I would have to pay about £50 excess. I dont - as it is not my fridge. If it had been mine, I would have.

Should the landlord cough up? Should the letting agent have checked the freezer was working - and should they cough up?

I really wanted to use my own - but was nowhere to put is as they would not remove theirs.

Not very happy .... any thoughts?

Lea

[GPEL]

They are correct, you are responsible for the contents of the freezer if they wish to play hard-ball over it and it was your choice to take the property with their freezer in place. They have a repair obligation which they seem to have met with a replacement but fact of life that things break.

[Melboy]

If and I say if upon looking at the freezer it fires up normally and temp. drops to -18 degrees in 5 hours than I would not offer any compensation at all.

However, if it did not work upon inspection and testing then I would offer you £50 compensation for food loss.

In my contracts it does state that I have no liability for freezer breakdown and loss of contents however, I would accept your case is slightly different.

I have been in this situation before whereby a Tenant couldn't be bothered to check a blown 13amp fuse and waited 2 days before hitting me with a bill for £250 for food loss which was quite surprising because the freezer could never accommodate that amount of frozen food in the first place!

[LadyLea]

Cheers for your answers ..... I think its more the fact that I had my own working freezer, and did not want theirs, they had nowhere to store it.

It had never been used, they assumed cos the light was on that it was working.

I would accept responsibility if it was my own fridge - as its my problem. But having to use theirs, makes it theirs I personally think.

Any more opinions please? I know its only £70 - but it is Xmas ... and that was my xmas food ......

[GPEL]

The fact you use there's isn't a factor as you accepted the property with their freezer. They have no responsibility for your contents.