White Goods in Rental properties

[jemms]

We are currently renting out an unfurnished property, but have included white goods, in the tennancy. The Fridge Freezer packed up and we replaced this with a new one. The tennants are now threatening to withhold part of the next rent as the replacement is much smaller (cant get a pizza in the freezer compartment). My question is do we have to replace with an equivalent size item or just that the item is replaced should be good enough.

[Mortitia]

Hi Jemms,

Since white goods were included in the tenancy I would think you would have to replace the old freezer with one of a similar cubic capacity.

Witholding rent over this is not acceptable but seems to be a knee jerk reaction of tenants these days.

For a quiet life in this case I would replace the freezer - loads of cheap deals on at the moment and keep the small one for another let or put it in when this lot of tenants go. (Will you have them more than 6 months - ask yourself that?)

Mortitia

[Preston]

Hi Jemms

An interesting one this, and not one I have ever come across before so my views are not based on any experience, just guesswork!

I think Mortitia's advice is very good, but possibly a bit cautious. I very much doubt whether a tenant would succeed in suing you, or in counter claiming against any rent arrears action by you, on the basis that the replacement freezer is a bit smaller, provided of course it is in reasonable condition, of a reasonable size and functioning correctly. And even if they were successful, how much would they get? The cost of a replacement fridge freezer maybe?

I would guess that the one thing that might change this is if the tenant can prove that they need the larger freezer for some reason and that in their decision to rent the flat this was a significant consideration. For example, do they need a larger freezer to store specialist foods or medicines?

By all means buy a replacement if you think that is the right thing to do in the circumstances and if you want to be seen to be extra reasonable, but if you dont want to, I wouldnt worry too much about any action from the tenant.

Preston

[Reg]

Your tenants are out of order.

You can't really win with tenants like this, because if you don't replace a like-for-like sized freezer they may start messing you about with the rent, but if you do replace it for a like-for-like sized freezer to keep the peace, how long will it be before they threaten to hold back the rent again for some other reason.

I would get them a large freezer (cheap, second hand), then shortly serve notice. This should keep the peace long enough to get them out whilst still paying you the rent. You don't need tenants like that.

Personally, I tell prospective tenants that the washing machine, fridge and cooker can be left in the house on the condition (written into the tenancy agreement) that if they break down I will not be replacing them. If they don't like this condition, I remove the white goods. I also say that if any of the white good break down they must immediately inform me (this reduces the chances of them trying to sell the white goods).

You may think this is paranoid, but a few years back I had the tenants from hell, they saw reason and kindness as a weakness, now i've toughened up.

[J4L]

Definitely agree with req.

Special Conditions can be added onto an agreement stating that if 'said' items break and/or need replacing then the Landlord has gifted them these and they will not be responsible for replacing or repairing them.

We do this all the time.

With regard to the OP I'd agree with Preston above and hazard a guess that unless the cubic measurements were written into an inventory there wouldn't be a chance of a T suing and winning. Saying that I wonder if the inventory stated the model & make whether there would be an case!!!!

oops, rethinking the inventory situation now as we take photos of the model & make plus the interiors and exteriors of course!

[jemms]

Thanks for all your advice. We have decided to install a larger unit basically to keep the peace. But now are having complaints from the surrounding neighbours about our tennants. They play loud music with the windows open, leave the bins over flowing on the driveway and have all thier biker mates round at weekends and drink in the driveway.

I think we just have to put this down as bad tennants. We are contracted with them for a year and they have only been in a month. We are going through an agent but have now found out that they dont have much experience with bad tennants. We never asked that question when we chose them. We need to put this down to experience.

[J4L]

11 MORE months of hell unless you get this agent to 'gain' some experience very quickly with regard to bad tenants.

[Melboy]

I never include any white goods in my properties and for a very good reason.....too many previous problems in the past with tenants trashing the washing machine or in one case trying to claim £300 off me for a broken down freezer that is, informing me 2 days later and it was only a fuse blown!! and about £50 quids worth of junk food in the freezer.

I have to say it has never stopped any tenant from taking one of my places on. I leave them a rental company leaflet for white goods or they can go and buy their own from Comet or where-ever but most, I have to say, bring in their own equipment.

Mel.

[jemms]

Thanks for all the replies, this is definately a lessons learned for us.