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Does landlord have to replace like with like?

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  • 22-09-2010 12:52pm
    #1
    Cheshire Cat
    Registered Users Posts: 2,276 ✭✭✭


    Quick query: we recently moved into a new house. When I viewed the house there was a lovely big fridge-freezer in the kitchen. I even commented to the landlady that it would be great to have a decent sized fridge at last! When we picked up the keys, we were told that the fridge hat died but would be replaced before we moved in. It was - but with a much smaller one - even smaller than the one we had before :mad:
    While the old fridge snugly fit the gap in the kitchen this on is slimmer and lower. I haven't said anything yet, because we discovered several more urgent and serious issues (yes we checked everything before we moved in, but obviously you never can be sure). Therefore have been in contact with LL repeatedly and they seem to think we are a nuisance, when all we want is a house in working order.
    Am going to send them a detailed letter and am curious to know whether they can replace an appliance with a substandard one (compared to the previous).
    I have rented in Germany for a couple of years and know that there a landlord has to replace like with like. What's the situation here?

    CC


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    #2
    3DataModem
    Registered Users Posts: 3,994 ✭✭✭3DataModem


    The situation is not black and white here. You could reasonably expect the landlord to replace with a similar FF, and he can reasonably expect to replace it with one functionally similar.

    I suggest coming to some agreement with the landlord, I bet you he just swapped the good one for the small one so could keep the good one for himself!


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    #3
    Cheshire Cat
    Registered Users Posts: 2,276 ✭✭✭Cheshire Cat


    3DataModem wrote: »
    I suggest coming to some agreement with the landlord, I bet you he just swapped the good one for the small one so could keep the good one for himself!

    Funnily enough we had that thought too :rolleyes:

    CC


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    #4
    jambofc
    Registered Users Posts: 1,523 ✭✭✭jambofc


    had same thing here recently,cooker broke down and new one was needed,when the new one arrived it was tiny,smallest one in the shop it was bought,it was that small that all our roasting tin's,tray's wouldn't fit into the oven :eek:
    when i complained to the landlord that it was more suitable for a bed sit not a family cooker i was told that's what your getting take it or leave it.


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    #5
    OS119
    Registered Users Posts: 2,518 ✭✭✭OS119


    jambofc wrote: »
    ...when i complained to the landlord that it was more suitable for a bed sit not a family cooker i was told that's what your getting take it or leave it.

    that would be a 'fit for purpose' issue - if the property (and its fixtures and fittings) were being touted as a 'family/shared' property then you could certainly argue that a replacement fitting that didn't cater for the 'family/shared property' wouldn't be fit for purpose.

    if you are renting a home that houses 4 people, and the oven - or indeed fridge freezer - only takes food for two, then, imv, you have a very legitimate complaint. that would be the same if you were in a 4 person houseshare and LL replaced the the living room suite with two chairs.

    as a tenant you pay for the advertised service - if you viewed a property and it had a 36inch flat sceen tv, and on the day you moved in you discovered the LL had 'replaced' it with a 14inch black and white job, you'd be fuming.

    personally, i'd not be interested in playing silly buggers with these two LL's, i'd be away.


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