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Landlord replaced fridge, much smaller

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  • 01-12-2013 11:33am
    #1
    theliam
    Registered Users Posts: 244 ✭✭


    The fridge was acting up so we let the landlord know and a new one was delivered this morning. Its much smaller than the original one and there are 4 of us in the house. Are we entitled to one the same size as the original?

    im gonna have to open the box and put all the food in it though before stuff melts..


Comments

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    #2
    The_Conductor
    Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    I'm not aware that the regulations specify that it has to be a particular size- it does however have to have a freezer compartment, or a separate freezer.


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    #3
    Thomas D
    Banned (with Prison Access) Posts: 554 ✭✭✭Thomas D


    What size is it? It should be 6ft tall if it's used by four people and contain a substantial frozen section, not an ice box.


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    #4
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    The_Conductor wrote: »
    I'm not aware that the regulations specify that it has to be a particular size- it does however have to have a freezer compartment, or a separate freezer.

    It might not be covered by regulations, but I dont think its unreasonable to expect a broken appliance to be replaced like for like. Especially for something like a fridge; four people sharing a small fridge is not practical (the one we have is barely suitable for two people). A decent sized fridge freezer can be gotten for about €250 in Power City; there is no excuse for not replacing like with like.


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    #5
    theliam
    Registered Users Posts: 244 ✭✭theliam


    its less than 5" and about half the volume!

    i called the landlord there and it seems he bought it online and was a mistake, had no choice but to open it and put some stuff in until he can sort it


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    #6
    Sulla Felix
    Closed Accounts Posts: 2,442 ✭✭✭Sulla Felix


    Of course you had a choice and because of that choice you're probably stuck with it now.
    Most retailers will allow a return for change of mind/ purchasers mistake, only if the product is returned unopened and unused.


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    #7
    theliam
    Registered Users Posts: 244 ✭✭theliam


    no, he said hes going to change it and i told him i had to put frozen stuff and milk etc in it. its his problem

    Am i supposed to just not have a fridge then until he can get a new one?


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    #8
    Sulla Felix
    Closed Accounts Posts: 2,442 ✭✭✭Sulla Felix


    He's not going to be able to return the fridge, is my point. I wouldn't be surprised if you're now stuck with it.


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    #9
    Chattastrophe!
    Closed Accounts Posts: 3,284 ✭✭✭Chattastrophe!


    Yeah in fairness I'd have let the milk and stuff go off, and recouped the cost from the landlord (after agreeing it with him first) rather than opening and using the fridge when I knew it wasn't suitable.

    I still think the fridge should be replaced like-for-like ... but you've probably made it quite difficult now for the landlord to replace it. Also by starting to use it, it implies acceptance of it as a substitute for the other one.


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    #10
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    theliam wrote: »
    no, he said hes going to change it and i told him i had to put frozen stuff and milk etc in it. its his problem

    Am i supposed to just not have a fridge then until he can get a new one?

    Hes not going to be able to exchange that fridge now that you have opened it and used it. Its not his problem now, its yours.


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    #11
    theliam
    Registered Users Posts: 244 ✭✭theliam


    i see what youre saying but he said it himself when i called him first to use it until he can sort it (could be a few days) then called back a while later asking if i had opened it cause he's going to try sort it today but was too late by then


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    #12
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Fair enough, if he said to use it then its his problem. Just dont be surprised if you are stuck with it once he figures out he cant return it...


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    #13
    The_Pretender
    Registered Users Posts: 594 ✭✭✭The_Pretender


    When he made the purchase online, did he pick the wrong fridge himself or did the shop deliver the wrong fridge?


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    #14
    Pawwed Rig
    Moderators, Category Moderators, Home & Garden Moderators, Recreation & Hobbies Moderators Posts: 22,380 CMod ✭✭✭✭Pawwed Rig


    Where a fridge suddenly breaks it is not unreasonable to have to do without one for a few days as most stores are unable to do same day delivery. Generally you just make do until the new one arrives which most likely involves a small extra expense for a few days along with the loss of whatever food you are unable to salvage from the broken fridge (another reason why it is a good idea to get on with your neighbours).


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    #15
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    The_Conductor wrote: »
    I'm not aware that the regulations specify that it has to be a particular size- it does however have to have a freezer compartment, or a separate freezer.

    A standard fridge with icebox is never good enough anymore. There has to be a separate freezer section inside tue fridge or a fridge freezer.


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    #16
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    theliam wrote: »
    no, he said hes going to change it and i told him i had to put frozen stuff and milk etc in it. its his problem

    Am i supposed to just not have a fridge then until he can get a new one?
    What do you think everyone else does?


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    #17
    Muahahaha
    Registered Users Posts: 19,656 ✭✭✭✭Muahahaha


    If he bought the fridge online he has more consumer rights than he does if he bought it in a bricks and mortar shop. For one you are allowed to return online goods within 7 working days, no questions asked. He needs to check his consumer rights in relation to this because it could be the case he can return it, if if the box has been opened.


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    #18
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Muahahaha wrote: »
    If he bought the fridge online he has more consumer rights than he does if he bought it in a bricks and mortar shop. For one you are allowed to return online goods within 7 working days, no questions asked. He needs to check his consumer rights in relation to this because it could be the case he can return it, if if the box has been opened.

    Even if it has been opened and used? Its not like he can even claim that he opened it and realised that it was the wrong one; ignoring the fact that its plainly obvious from the box that its the wrong one, I would have thought that you lose all rights once you plug it in and start using it?


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    #19
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    djimi wrote: »
    Even if it has been opened and used? Its not like he can even claim that he opened it and realised that it was the wrong one; ignoring the fact that its plainly obvious from the box that its the wrong one, I would have thought that you lose all rights once you plug it in and start using it?
    No, if you buy something online, you can normally return it in the first 7 days, even if you have used it (certain things are excluded and you might be liable for usage costs), but it's basically to compensate for you not being able to inspect and try out the good before you buy it in a shop.


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    #20
    mdebets
    Registered Users Posts: 1,747 ✭✭✭mdebets


    mdebets wrote: »
    No, if you buy something online, you can normally return it in the first 7 days, even if you have used it (certain things are excluded and you might be liable for usage costs), but it's basically to compensate for you not being able to inspect and try out the good before you buy it in a shop.
    Totally overlooked one important point here. These are consumer rights. The landlord however is not a consumer, but a business, so normal consumer laws don't apply to him.


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    #21
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    foggy_lad wrote: »
    A standard fridge with icebox is never good enough anymore. There has to be a separate freezer section inside tue fridge or a fridge freezer.

    Two of us have such a contraption. It is maybe 4ft tall with a tiny icebox. Can't imagine sharing it with another 2 people. It is depressing how small the icebox is. I need to do mental recall when ever I shop as to what exactly I have in the freezer. I often end up taking frozen food out of it's boxes and placing them in freezer bags, to make things fit.


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