The Supply of Goods and Services Act 1982 (as amended) says that you can expect hired goods to be:
- as described;
- of satisfactory quality;
- fit for their purpose
You have the same rights in respect of hired goods that don't meet these expectations as for goods you buy, so if they are faulty, depending on the circumstances, you may have the right to a refund, repair, replacement or reduction in the price (see our leaflet 'Buying Goods' for details).
OTHER CONTROLS:
CONTRACT TERMS
The Unfair Contract Terms Act 1977 and The Unfair Terms in Consumer Contracts Regulations 1999
These laws allow you to challenge terms that may be unfair or unreasonable to you as a consumer. The standard terms and conditions used by the retailer should be written in clear language. It is illegal to have a contract term that attempts to restrict a consumer's rights. In some cases your local Trading Standards Department may be able to take action to prevent a company from using unfair terms in their contracts.
SAFETY
The Consumer Protection Act 1987
- Most regulations about the safety of motor vehicles are dealt with by the Department of Transport (e.g. MOTs) and the police, although Trading Standards may also be involved, depending on the circumstances. In a serious incident involving the safety of a vehicle, you will need a solicitor to protect your interests straight away.
- Agreements for property rentals such as flats and houses are not contracts for "goods" and are covered by separate laws, so you will need to consult a solicitor, housing rights advisor or citizen's advice bureau if you have problems with the property itself. However, goods provided in the property are subject to safety laws, and you should contact Trading Standards if you think upholstered furniture is a fire risk or appliances, such as cookers and electric fires, are unsafe. Gas safety is dealt with by the Health & Safety Executive. The Gas Safety Helpline is 0800 300 363. (for example, a suit for a wedding or a chain saw for a week)
- SHORT-TERM HIRE AGREEMENTS
These do not need to be in writing if you pay straight away. As a matter of good practice though, you may prefer to deal with a company that uses a written agreement.
LONGER HIRE AGREEMENTS (
The Consumer Credit Act 1974
- The goods must be hired to an individual (i.e. not a limited company).
- The agreement must last for more than three payments.
- Total payments must be no more than £25,000.
If this is the case, the agreement must be in writing, be signed by both parties and you must be given a copy with all the terms on it. You may have cancellation rights if you signed at home. Check the agreement and read our credit leaflets for more details.
Hire Purchase is different and is not included here - see our credit leaflet.
LENGTH OF AGREEMENT
You cannot normally be made to sign up for longer than eighteen months at a time without a chance to end the agreement by giving reasonable notice.
Points to Note
- Paying by credit card when goods cost £100 or more usually gives you the right to make a claim to the card provider as well as to the supplier if goods are faulty or misdescribed. See our credit leaflets.
- Insurance is essential for some agreements. Check the terms and conditions before you enter into the agreement and get details of the policy.
- Disputes over damage to goods and return of deposits are always possible. Read the contract, get defects that you see at the time of hire noted in writing, and be aware of the difficulty there can be in deciding where "fair wear and tear" ends and "damage" begins.
- Car Hire agreements, especially for foreign hire, can be complex and difficult to understand. Make sure you are properly insured and take advice from a motoring organisation if you belong to one. Get all agreements in writing. Members of the British Vehicle Leasing and Rental Association (River Lodge, Badminton Court, Amersham, Bucks HP7 0DD; telephone: 01494 434747) have a code of conduct and a complaints procedure.
- It is very important that power tools and similar equipment are safe. You have a legal right to expect them to be. You must also be given instructions with any item if you need them in order to operate the item safely. It's best not to hire from a firm that doesn't seem to check goods properly or readily provide advice and instructions.
When you hire goods, they belong to someone else and you have responsibilities as well as rights.
You should not have to pay extra for fair wear and tear to goods in normal use, BUT you have a duty to take reasonable care of the goods. If you:
- do not comply with the terms of the agreement,
- do something with them which you should not, or
- do not give them back when the hire is finished,
the trader is likely to be able to repossess the goods.
The trader may also be able to take legal action against you under the Torts (Interference with Goods) Act 1977, which deals with the rights of owners of goods that are in the possession of others. There could, in extreme circumstances, even be criminal offences if goods were deliberately damaged.
A FINAL POINT
regulates these agreements if the following conditions are met: for example, a television set on a three-year contract) entitles you to expect goods supplied to you to be safe. If goods you have hired cause personal injury or damage to property (in excess of £275) you can make a compensation claim under this Act. Contact a solicitor and the Trading Standards Service without delay. Trading Standards enforces regulations under the Act that are designed to prevent unsafe goods being supplied.