Landlord Won't Fix Oven

mrmike1989

Hello there,

The oven recently stopped working in out rented property. I believe the landlord, by law, has to fix important things like the boiler, heating, water etc, but there is also a section in the tenancy agreement that reads:

Schedule 2 (Responsibilities of the Landlord)
Other Repairs;
To keep in repair and proper working order all mechanical and electrical items belonging to the Landlord and forming part of the Fixtures and Fittings, unless the lack of repair is due to the negligence or misuse of the Tenant, his family, or visitors.

To provide and maintain the Fixtures and Fittings in good repair and replace any of the items that may become defective due to fair wear and tear during the Tenancy except if the damage has been caused by the Tenant, his family or any visitors, insofar as the Tenant is liable to keep the Property in repair under Schedule 1 of this agreement.

My Landlord said that there's no cover for the oven, and that he couldn't fix it.

We have been in the property 9 months, and have treated the property with respect and have not misused anything, I believe that the oven is not longer working due to fair wear and tear.

What can I do?

thesaint

Is he saying that it doesn't belong to him, or that it isn't a mechanical item(I guess it is a gas cooker, if it were electric, it would be covered as an electrical item)?

If he doesn't agree, then you could ultimately follow the disrepair protocol, and replace it yourself.

Annie1960

Is the oven built-in or free-standing?

mrmike1989

Yes sorry forgot to mention, it is an electrical fan assisted oven, the hob works fine, it's just the oven. The Landlord didn't want to go through an 'official' inventory, because it costs money and I get the impression from him that he likes to save as much as possible. Therefore, technically, the oven hasn't been declared as a furnishing. If he tries to play that card, when I leave I will take everything with me and say that it wasn't there in the first place. However, I assume he will have taken his own photographs and what not to prove they were there, in which case he should repair the oven.

What is the disrepair protocol?

mrmike1989

Annie1960 wrote: »

Is the oven built-in or free-standing?

It's built in

Viberduo

Be careful he may claim you damaged it somehow, I know a built in oven is a little different but I have a washing machine LL refuses to repair due to saying I must of broke it when using it therefore it was damaged not wear and tear.

mrmike1989

Viberduo wrote: »

Be careful he may claim you damaged it somehow, I know a built in oven is a little different but I have a washing machine LL refuses to repair due to saying I must of broke it when using it therefore it was damaged not wear and tear.

I wonder if the LL has to prove damage, or the Tenant has to disprove damage?

Either way, I will seek justice!

He seems like a nice guy so I don't think he would do that, maybe he has just misunderstood our agreement.

G_M

mrmike1989 wrote: »

Hello there,

The oven recently stopped working in out rented property. I believe the landlord, by law, has to fix important things like the boiler, heating, water etc, but there is also a section in the tenancy agreement that reads:

Schedule 2 (Responsibilities of the Landlord)
Other Repairs;
To keep in repair and proper working order all mechanical and electrical items belonging to the Landlord and forming part of the Fixtures and Fittings, unless the lack of repair is due to the negligence or misuse of the Tenant, his family, or visitors.

To provide and maintain the Fixtures and Fittings in good repair and replace any of the items that may become defective due to fair wear and tear during the Tenancy except if the damage has been caused by the Tenant, his family or any visitors, insofar as the Tenant is liable to keep the Property in repair under Schedule 1 of this agreement.

My Landlord said that there's no cover for the oven, and that he couldn't fix it.

We have been in the property 9 months, and have treated the property with respect and have not misused anything, I believe that the oven is not longer working due to fair wear and tear.

What can I do?

The Landlord & Tenant Act 1985 S9 does not require LL to maintain a fridge or oven.

The Landlord & Tenant Act 1985 S8 does require the property to be fit for human habitation, which includes "facilities for preparation and cooking of food". The LL has provided a working cooker so food can be prepared (albeit not a roast dinner).

However the contract clearly makes the LL responsible "To keep in repair and proper working order all mechanical and electrical items..."

The oven is an electrical item.

So unless the fault was caused by the tenant, the LL should repair.

Viberduo

mrmike1989 wrote: »

I wonder if the LL has to prove damage, or the Tenant has to disprove damage?

Either way, I will seek justice!

He seems like a nice guy so I don't think he would do that, maybe he has just misunderstood our agreement.

I thought the same about mine at first, I kept ringing him up asking how much I owed him in top up and he kept telling me to not worry about it, every few months I put in £100 just in case and eventually he said that was correct rate, then his friend at the agency where I signed contract told him my rent was higher and despite legally me not having to pay more I paid higher and therefore "accepted" a higher rent in law, I kept mentioning little repairs to him like jammed blinds since I moved in, a dodgy kitchen drawer that eventually the front came off(just needs a new plastic clip) and once the power blew somehow(I reckon dodgy wiring as the socket burned out, and my lightbulb sockets are all burned) and he sent electricians out but by that time the power was back on so I told them this and they walked off without even checking the wiring and told landlord I refused entry and he got rude with me saying he has been using them for years so if they say I refused entry then I refused entry.

Fast forward to now and I finally complain to higher ups about him and he takes 3 weeks to reply then claims I maliciously broke washing machine, that the power cut was due to me rewiring the meter and the reason I refused entry was I didnt want electricians to see this(despite me telling him I offered entry EVEN wanted them to for safety reasons) and that the higher rent was always correct and he has told me this many times(he told me NOT ONCE it was the higher rent in fact I have letters and emails from him saying the lower amount)

Can't believe LL's can get away with this.

davidmcn

mrmike1989 wrote: »

My Landlord said that there's no cover for the oven, and that he couldn't fix it.

What can I do?

Well, can you fix it? What's wrong with it? I replaced the element in my oven recently. The part cost £3.29 including postage. Technically I could have demanded that my landlord get someone out to do it for me, but I figured it was less hassle to do it myself.

mrmike1989

davidmcn wrote: »

Well, can you fix it? What's wrong with it? I replaced the element in my oven recently. The part cost £3.29 including postage. Technically I could have demanded that my landlord get someone out to do it for me, but I figured it was less hassle to do it myself.

I'm pretty good with electrics, I bought and replaced a faulty switch on my LL's lawnmower the other day without bothering him. I assumed the heating element might be an expensive one, but if the part is as cheap as £3.29 I'd be happy to attempt it.