Oven door exploded - who pays??

caroline588

Hi there. The outer part of the oven door in our privately rented flat recently exploded. The landlord now claims it us up to us to fix/replace the oven as she supplied " a fully functioning oven" at the start of our tenancy 3 months ago. To us it seems like it should be the landlord's responsibility as the oven clearly was not safe.

The warranty of the oven is expired.
Our tenancy agreement is pretty standard but provides no clear answer so any advice is very much appreciated!!

marliepanda

Depends what caused it. Cleaning products are often the culprit.

caroline588

There's no way to prove what caused it - we have only stayed at the flat since February (it was not properly cleaned when we moved in so only had a clean then using mainly steam cleaner)

Davesnave

See this article:

http://www.ovenu.co.uk/shattered-oven-door-glass-survey

It won't help your case, but it shows that this phenomenon is known about. It could have been anyone who gave it the 'fatal' knock.

G_M

Grey area.

1) If tenant caused the damage, tenant pays. Clearly difficult for LL to prove this here.

2) Contract. What does the tenancy agreement say, if anything, about repairing obligations?

3) Statute. Landlord & Tenant Act 1985. S11 (b) says landlord must:

.. 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),

4) Statute. Landlord & Tenant Act 1985. S10 says in assessing if a property is unfit for human habitation

regard shall be had to its condition in respect of .....facilities for preparation and cooking of food and for the disposal of waste water;

Do you have other cooking facilities?




I would certainly expect the LL to fix, but whether, if it came to it, a court would force the LL to repair is uncertain.

However, the best course of action is to write to the LL, at the address "for the serving of notices", requesting repair.

If that gets nowhere, you could follow Shelter's process for getting the repair done yourself and deduct the cost from future rent. But
a) you must follow the process and
b) the LL might still claim you are in rent arrears

whitewing

Find out how much it would cost to fix it. then make a decision on how much you are going to push it.

googler

Is this covered under either landlord's or tenant's home insurance, accidental damage clause...?

topdaddy_2

Watchdog covered it years ago. One little chip in the glass is all it takes.

G_M

More and more people cook oven chips these days.

Despite the risk of exploding door, it's still safer than a pan of hot fat on the hob.

anotheruser

Although both can be equally safe so long as you use the not-so-common-sense.

Electric hobs should be banned as they are not safe either.

ConfusedofYorkshire

When the inside glass panel of our oven exploded the landlord paid. It was a housing association, but a private let. They didn't even question who should sort it