Renting a pushchair for a week’s holiday, a city break or a short spell of visiting family can be cheaper than buying or flying with one. Because a hire is a contract like any other, the Consumer Rights Act 2015 applies to it when a business hires goods to an individual. This guide summarises what the Act says about hired goods, using the text on legislation.gov.uk, which shows the provisions as applying across the UK. Hire from a private individual is not covered, and a hire company’s own terms cannot cut these rights down. This is general information, not legal advice.
Does the Act cover pushchair hire?
Section 6 says a contract is for the hire of goods if the trader gives or agrees to give the consumer possession of the goods, with the right to use them, subject to the terms of the contract, for a period set by the contract. A pushchair or pram rented from a baby equipment hire company, a shop or an airport service fits this definition, provided the company is acting as a trader and the person hiring is a consumer.
Section 3 says the relevant Chapter of the Act applies to sales contracts, contracts for the hire of goods, hire-purchase agreements and contracts for transfer of goods. Section 9 says every contract to supply goods is treated as including a term that the quality of the goods is satisfactory, and that term applies to hire contracts as well as sales.
What satisfactory quality means for a hired pushchair
The Act says goods are of satisfactory quality if they meet the standard that a reasonable person would consider satisfactory, taking into account any description, the price and all other relevant circumstances. It lists aspects of quality that are relevant in appropriate cases:
- fitness for all the purposes for which goods of that kind are usually supplied;
- appearance and finish;
- freedom from minor defects;
- safety; and
- durability.
For a hired pushchair, safety and durability matter: a brake that does not hold or a fold mechanism that will not lock may be matters of quality. The site’s guides to pushchair brakes and five-point harnesses set out what RoSPA recommends checking. The Act says the term does not cover a problem that was specifically drawn to the consumer’s attention before the contract was made.
Fit for the purpose you mentioned
Section 10 says that where the consumer makes known to the trader, expressly or by implication, a particular purpose for which they want the goods, the contract is treated as including a term that the goods are reasonably fit for that purpose. A renter who explains that the pushchair will be used on cobbled streets, on a plane journey or with a newborn should say so before hiring, so that the company’s answer forms part of the bargain.
Matching the description
Section 11 says goods supplied by description must match the description. It also says that information the trader provides about the main characteristics of the goods, as listed in the Consumer Contracts Regulations 2013, is treated as a term of the contract, and that a change to that information is not effective unless the consumer expressly agrees to it.
What can be done if the hired pushchair is faulty
Section 19 sets out the remedies where goods are not of satisfactory quality or do not match the description. They are the short-term right to reject, the right to repair or replacement, and the right to a price reduction or the final right to reject. The short-term right to reject is time limited: for a hire contract, section 22 says the period ends 30 days after the first day following the moment possession has been transferred and the goods delivered, and any installation the contract requires has been notified as done. A holiday hire is likely to be shorter than 30 days, so a fault found on arrival should be reported at once, in writing.
Under section 23, if the consumer requires repair or replacement, the trader must do so within a reasonable time and without significant inconvenience to the consumer, and bear the necessary costs. A consumer who asks for one remedy cannot demand the other, or reject the goods under the short-term right, without giving the trader a reasonable time to carry it out, unless that would cause significant inconvenience. Section 24 provides for a price reduction, or the final right to reject, after one failed repair or replacement, where neither repair nor replacement can be required, or where the trader has been too slow. For a holiday, waiting for a replacement pushchair may not be practical, so the renter may want a replacement or a partial refund agreed in writing straight away.
Terms that cannot remove these rights
Section 31 says a term of a contract to supply goods is not binding on the consumer to the extent that it would exclude or restrict the trader’s liability under the satisfactory quality, fitness for purpose and description provisions, or make the enforcement of those rights subject to an onerous condition. So a hire agreement that says all equipment is hired "as seen" with no refunds cannot remove a renter’s statutory rights.
Frequently asked questions
Do these rights apply if I hire from a neighbour or friend? The Act covers contracts between a trader and a consumer, so private hire between individuals is not covered.
Can a hire company say I have no right to a refund? Under section 31 a term is not binding on the consumer to the extent that it would exclude or restrict the satisfactory quality, fitness and description terms.
How long do I have to reject a faulty hired pushchair? Section 22 sets a 30-day limit for the short-term right to reject, starting from the day after possession and delivery.
The bottom line
When a business hires a pushchair to a consumer, the Consumer Rights Act 2015 requires it to be of satisfactory quality, fit for any purpose the renter has made known and as described, and hire terms cannot exclude those rights. Report faults immediately in writing, ask for a replacement or a price reduction and keep evidence of the condition on collection.
Sources
- Consumer Rights Act 2015, section 3 (Contracts to which Chapter 2 applies)
- Consumer Rights Act 2015, section 6 (Contracts for the hire of goods)
- Consumer Rights Act 2015, section 9 (Goods to be of satisfactory quality)
- Consumer Rights Act 2015, section 10 (Goods to be fit for particular purpose)
- Consumer Rights Act 2015, section 11 (Goods to be as described)
- Consumer Rights Act 2015, section 22 (Time limit for short-term right to reject)
- Consumer Rights Act 2015, section 23 (Right to repair or replacement)
- Consumer Rights Act 2015, section 24 (Right to a price reduction and final right to reject)
- Consumer Rights Act 2015, section 31 (Liability that cannot be excluded or restricted)