Landlord won't repair the oven

MancubusJam

Hi there,

I'll try and be brief. We have a 1 year contract in our flat and when we moved in there was a working oven. Recently it has been cutting out whilst cooking and now it generates no heat. Research indicates it could be the heating element. It is a fitted oven and the hob still works, just the main oven that is dead.

The microwave also died recently, and also the toilet needed work a while ago. The landlord (eventually in the case of the toilet) fixed them. Neither were broken due to negligence, just standard usage.

Anyway, we have been trying to get in contact with the landlord to try and fix it and today she replied with this:

"Just to let you you we have spent the 2010 and 2011 budget for repairs for this year and i dont think i will be able to do anything until end of your tenancy. Im sorry about this or maybe you have to pay for the repairs because when you went in the oven was working"

So my question is, is this correct? I was under the impression that an oven was one of the few essentials (oven, fridge, toilet) that the landlord was obliged to fix asap by law, but I can't find anything saying that. The bit of law I keep finding is:

"to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity)"

That seems to imply they need to keep my gas/electric supply maintained but not a gas/electric oven.
I kind of can't believe though that is our responsibility because as I say, it was just normal usage and I believed it to be an essential. The way she says "it worked when you moved in" sounds to me like she is gearing up to take it out of my deposit when I move. That would mean I either pay for it myself now and get the benefit, or pay for it myself when I move out anyway.

As well as advice, any direct links to places that state it isn't my responsibility (if this is the case) would be greatly appreciated.

Oh, and I appreciate I need to have a look through my contract also. Can't do that at the moment as I am at work, but I can update with anything pertinant in there later on.

On a side note I have had all sorts of awful "big" problems with various things in the past (our whole house was flooded and nobody would take responsibility, as an example) and scouring the internet usually turns this site up as the most useful, you have gotten me through many tricky and complicated situations, so thanks for that.

James Pearson.

Brallaqueen

Legally the landlord has no responsibility to repair white goods though most a) don't realise this or b) do it anyway to keep tenants happy.
If the tenancy agreement doesn't specifically state they will repair white goods etrc you may well be stuck.

Not sure whether arguing they were happy to make repairs before would help?

jjlandlord

MancubusJam wrote: »

"Just to let you you we have spent the 2010 and 2011 budget for repairs for this year and i dont think i will be able to do anything until end of your tenancy. Im sorry about this or maybe you have to pay for the repairs because when you went in the oven was working"

That's some top-of-the-line rubbish answer...

But as Brallaqueen says, unless speficied in agreement LL has no obligation to repair.
On the other hand if oven is dead and needs replacing, then she'd have to replace it.

pimento

I'd be buying myself one of these

http://www.google.co.uk/products/catalog?hl=en&q=table+top+oven&cid=6709358430055127902&ei=bye9TsawN6a2NI-W6OUE&ved=0CAwQrRI#

and counting the days until I could move.

mossford

what about the inventory? If it states that it includes a cooker/oven, then it should be in working order (or a note made that it is not). I am sure that at the end of a tenancy most landlords would expect white goods to be returned to them in working order

rizla01

Well I am surprised by the first two answers and maybe they are correct BUT AFAIK you rented the flat as is, and any part of that flat that is not up to scratch should be put right UNLESS the O/L has an exclusion in the contract.

Not sure about this but as a landlord, I always ensure that a built in oven is the ONLY item that I let with the flat.

N79

rizla01 wrote: »

Well I am surprised by the first two answers and maybe they are correct BUT AFAIK you rented the flat as is, and any part of that flat that is not up to scratch should be put right UNLESS the O/L has an exclusion in the contract.

Not sure about this but as a landlord, I always ensure that a built in oven is the ONLY item that I let with the flat.

They are correct. In many market segments LLs offer an inclusive white goods service as part of the rent - but they are not obliged to do this by law.

There is no statutory obligation on the LL to repair an oven.

Absence a clause in the contract stating that the LL will maintain the oven then it is the Ts responsibility to repair. Replacement of the oven in the case of total failure beyond repair would be the responsibility of the LL.

That said, the message from the LL just takes the breath away for its sheer stupidity.....

rizla01

..............

Who is responsible for repairs within my rented property?

If anything goes wrong in your rented home, you should contact either your landlord or your managing agent if your landlord has instructed them to act on his behalf (something you will be told at the beginning of your tenancy). Any appliance that is on the inventory at the start of the tenancy is the responsibility if the landlord or his managing agent to repair or replace. Tenants are usually responsible for breakages, but the quicker the landlord or his agents are informed of the damage, the more likely it is that costs can be minimised.

If repairs are not carried out on the property, can I stop paying rent?

You should never stop paying rent, because you would be in direct breach of your tenancy contract and you could be taken to court. In very general terms a landlord has a legal responsibility to repair the structure and exterior of the property, including drains, gutters and external pipes; to keep in working order the installations for the supply of gas, electricity and water; and for the installations for the provision of space and water heating. The landlord also has other legal responsibilities relating to the safety of such items as gas, electricity and furnishings as well as the general standard or fitness of the property for habitation.

You are advised to report in writing all faults as soon as they occur. This will provide proof of the time it was reported and, should the repair be of a serious nature or be unreasonably delayed, you may be able to seek some form of compensation.

And in stating

"Just to let you you we have spent the 2010 and 2011 budget for repairs for this year and i dont think i will be able to do anything until end of your tenancy. Im sorry about this or maybe you have to pay for the repairs because when you went in the oven was working"

She infers that she accepts responsibility for the repair, doesn't she?

She also has no idea how much this repair is going to cost and IF there were a mjor fault that has caused this to happen she could be liable. I wonder what her Insurance Co would make of this.

Highly irresponsible, if you ask me.

Contact your local CAB

[Deleted User]

If you look here http://www.espares.co.uk/parts?k=oven+element a replacement heat element is probably going to cost between £10 and £20. Is it worth all the hassle to save this amount of money (and going without an oven for weeks.., months etc only to find out your landlord is not responsible anyway)?

I replaced my heating element.., not a hard thing to do as long as u make sure u switch it off at the mains. There are instructions on the site.

princeofpounds

Legally the landlord has no responsibility to repair white goods though most a) don't realise this or b) do it anyway to keep tenants happy.

But as Brallaqueen says, unless speficied in agreement LL has no obligation to repair.

Not quite true. You are right that the landlord's duty to repair does not automatically extend to white goods. However, if they are provided as part of a rental then their maintenance has generally been held by the courts to be an assumed part of the contract that was established meaning that landlords have a contractual duty to repair, although not a statutory one.

Contracts are established by action and intention, not just on paper, and so by supplying white goods a landlord is implicitly contracting to keep supplying white goods.

Therefore a landlord actually has to specifically contract out of the repairs to avoid responsibility for them. But because it's a contract issue it's a bit harder for tenants to enforce.

jjlandlord

princeofpounds wrote: »

However, if they are provided as part of a rental then their maintenance has generally been held by the courts to be an assumed part of the contract that was established meaning that landlords have a contractual duty to repair, although not a statutory one.

Any reference on this?
It seems odd to consider that a contractual obligation exists even when the contract does not mention it.

princeofpounds wrote: »

so by supplying white goods a landlord is implicitly contracting to keep supplying white goods.

That would be the obligation to replace, not necessarily repair, imo.