Landlord won't repair the oven

Norman_Castle

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/tenants_doing_repairs

MancubusJam

There is a fire alarm yeah.
I don't _know_ there are faulty electrics (could just be a faulty hoover) and I think it would be hard to get her to get an electrician in.

I was more hoping that people would say the bit of contract I posted was enough to say fixing it wasn't my responsibility (due to the "except for normal wear" bit) and hence was her responsibility by implication.

We have went out of our way to help her in the past too with various things so I can include that goodwill when I address her in my reply.

poppysarah

Write her a letter including the other electrical issues.

Request a visit by a suitably qualified person.

princeofpounds

Just a quick update, I did go searching for a source besides the second-hand ARLA quote to further evidence my position. I've found a lot of sources that agree with me (principally lettings agencies and institutions like universities writing guides for landlords) but nothing I would call sufficiently 'official'. I remember when I did address this issue a couple of years ago it was only after much digging I found the answer I am presenting now, I'm pretty sure that my position is correct though.

MancubusJam

PrinceOfPounds, how would you suggest I present this to her? Just to say that her repair and replacement of inventory goods is an implicit part of a contract unless stated otherwise? Could you spruce that up for me? "It is widely understood" or something?

Do you have any opinion on the bit of my agreement I posted? I think it might help my case but I'm not sure how these implications work in contracts exactly.

olly300

MancubusJam wrote: »

PrinceOfPounds, how would you suggest I present this to her? Just to say that her repair and replacement of inventory goods is an implicit part of a contract unless stated otherwise? Could you spruce that up for me? "It is widely understood" or something?

Do you have any opinion on the bit of my agreement I posted? I think it might help my case but I'm not sure how these implications work in contracts exactly.

Generally they are up to a judge to decide what is reasonable.

BTW you do know that you can tell her that if she doesn't repair it you will get it repaired yourself and take the cost out of the rent. However you risk doing that unless you have enough evidence that:
1. You asked her to repair it, and
2. She was being unreasonable in not doing so,
she could take the money out of your deposit.

MancubusJam

Yeah I have listened/read about the 3 letters thing...
Please repair.
Here are quotes, I'm gonna do it.
It's done and coming out of the rent.

I haven't responded at all to her though yet so I hope it doesn't come to that. I just wanted to get my position straight.

And re: the court thing, I doubt many would say I am being unreasonable so I think that would be fairly safe, but it is a pretty neuclear option on our (previously, mostly good) relationship.

Brallaqueen

shelter (private lets) says this, which is less than conclusive
(http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/disrepair_in_rented_accommodation/repairs_in_private_lets/furniture_and_equipment)


What about electrical appliances?

If your landlord supplies electrical appliances such as a fridge or washing machine, they may be responsible for fixing them if they break down.
However, much will depend on what was agreed between you and your landlord at the outset of the tenancy, and how important the item was to you when you decided to take up the tenancy. If you have a tenancy agreement check to see if it says whether the landlord is responsible. You are responsible for maintaining any electrical goods that you own.
Any electrical equipment provided by your landlord should be safe, but there is no requirement for a safety certificate.

Norman_Castle

"It is the tenants obligation to... #3 Make good promptly [sic] all damage and breakages to the premises and to the items listed in the inventory that may occur during the term that are the responsibility of the tenant (with the exception of fair wear and tear and accidental damage by fire), and to inform the Landlord of any such work undertaken."

The oven IS in the inventory, and it WAS fair wear and tear, so is this any sort of implication that the landlord should fix it? Or perhaps implication that I shouldn't?

From the above, you need to show the oven has failed through fair wear and tear and has not been damaged by you, which the landlords reply seems to be implying.

Stating they do not have the money to fix it implies they would, if the money was avaliable. Which means they accept responsibility for the repair.

MancubusJam

Here we go, I am sending this to her. What do you guys think?

"Hi X,


It's James here. I have been trying to call you on your mobile for some 30 minutes and also at various points throughout the week.

I would like to talk to you please about this issue with the oven. We were not informed when we moved into this place that there was a limited repair budget. Our contract states that we are responsible for repairs to items on the inventory that we have damaged, but it specifically says we are not responsible for replacing items on the inventory that have broken down due to wear and tear and regular usage. We have done nothing to damage the oven, it has just been used as it should be, we are respectful tenants as you saw yourself when you visited. Also, by the very fact that you say you can't pay for it because the repair budget has ran out, you are admitting that it is your responsibility to fix it.


I am disappointed because I felt we had built up a good relationship as tenant and landlord. We have many times gone beyond what is required of us in order to be accommodating to yourself, including forwarding you post, taking photographs and cataloguing of all of the items for you, allowing what most would consider to be excessive viewings early on in a contract period and fixing items ourselves where possible so we didn't have to bother you. We also did not push the fact that the extractor hood is broken and constitutes an electrocution danger. We were happy to let that pass in order to not inconvenience you, and because we can get by without it. We have also always paid our rent on time and in full. On the occasion in our previous tenancy with you when a 3rd party never paid our emergency accommodation money on time (through no fault of our own), we worked with you to trace where the money was as quickly as possible and get it to you.



If it was just the oven filament that had broken I wouldn't be so upset, but the oven no longer turns on at all, no light, no fan, no display. It may be because of problems with the electricity in the flat as sometimes lights flicker, the fuse box often trips, and sometimes plugs won't work but then later on work again (like the situation we had with the hoover before). So perhaps this has caused the (electric) oven to fail, but obviously I can't be sure.



In short, I believe that things like this are why we pay you rent each month and I am not happy with you suddenly adding a limited repair budget into the equation. We moved into this flat "as furnished", with a working oven, then through no fault of our own it no longer works. Therefore I think that to ask us to be without an oven for over 7 months is unreasonable as it is an essential item. I really hope we can sort this out and continue a good relationship with yourself as you seem like a nice person and we are very happy to be here. If you would like to talk to me at any point this weekend or on Monday please tell me a time you will be free so I can call you and we can discuss the matter.


All the best,

James."