British gas condemned boiler does landlord have to replace

ken2013

hi British gas condemned oven sorry not boiler. does that mean landlord has to replace? he says oven was left as good will gesture news to me!
hunting for Contract and ringing lettings agent tomoz!

McKneff

I would have thought that the LL would be responsible, can it be mended at all.


What has the oven got to do with anything???

ken2013

Well that's what I thought but if he can get out of it he will. I don't remember agencie being mentioning about oven being left as good will only the washing machine. I thought every rented house needed to be supplied a working oven in property. so if boiler went down would he be claiming that was good will gesture too.

ken2013

Sorry condemned oven sorry xxx

kinger101

For the cooker, if it's in the inventory, he has to fix or replace.

With regards to a functional boiler, the Landlord and Tenancy Act 1985 states;

Repairing obligations

S11 Repairing obligations in short leases.

(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

(a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

(b) 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), and

(c) to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

You don't need a gas boiler, but you must have some means of heating and hot water.

EDIT

Oh, just saw your correction. Why don't you just read your contract and inventory?

ken2013

kinger101 wrote: »

For the cooker, if it's in the inventory, he has to fix or replace.

With regards to a functional boiler, the Landlord and Tenancy Act 1985 states;

Repairing obligations

S11 Repairing obligations in short leases.

(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

(a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

(b) 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), and

(c) to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

You don't need a gas boiler, but you must have some means of heating and hot water.

EDIT

Oh, just saw your correction. Why don't you just read your contract and inventory?

so if there is no mention at all of an oven then it means it's left as good will.?

kinger101

ken2013 wrote: »

so if there is no mention at all of an oven then it means it's left as good will.?

If it's not mentioned in the tenancy agreement of inventory, then no. He does however, need to make sure any gas appliances he has provided are safe. I expect he therefore needs to remove the defective appliance if it's dangerous.

Not sure what his obligations are regarding the safe installation of a cooker you've provided (i.e., whether he includes it on his annual check). Sure someone else will know.

G_M

OK. It's a defective gas oven. Not a boiler.

As kinger101 points out the Landlord & Tenant Act 1985 S11 (repairing Obligations) does not include ovens.

The contract might, but in this case apparantly not, if it is not mentioned in the contract or the inventory.

S10 of the Act might be relevant, depending if there is a hob for cooking or not:

10 Fitness for human habitation.

In determining for the purposes of this Act whether a house is unfit for human habitation, regard shall be had to its condition in respect of the following matters—

repair,

stability,

freedom from damp,

internal arrangement,

natural lighting,

ventilation,

water supply,

drainage and sanitary conveniences,

facilities for preparation and cooking of food and for the disposal of waste water;

and the house shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.

Having said that, most decent LLs would replace the oven unless it had clearly been broken/misused by the tenant. But they don't have to.

kinger101

G_M wrote: »

OK. It's a defective gas oven. Not a boiler.

As kinger101 points out the Landlord & Tenant Act 1985 S11 (repairing Obligations) does not include ovens.

The contract might, but in this case apparantly not, if it is not mentioned in the contract or the inventory.

S10 of the Act might be relevant, depending if there is a hob for cooking or not:



Having said that, most decent LLs would replace the oven unless it had clearly been broken/misused by the tenant. But they don't have to.

I guess a miserly person might argue a cheap microwave is sufficient for cooking food. Given a new cooker can be had for under £250, this LL does seem rather tight. He might have difficulty finding a new tenant without a cooker, given most unfurnished places include these.

GobbledyGook

Is your place furnished or unfurnished? Does your inventory include the oven and washing machine or was it a case of 'the current tenants are leaving their oven and washing machine do you want them'?

[Deleted User]

If you can't get the LL to replace it (normally even unfurnished properties come with an oven and washing machine), you could go on freegle etc and put in a post asking for a cooker, look on ebay for a cheap used cooker, or second hand dealers. But also AO.com have a couple of gas cookers for under £200. I'm sure other sites are around with similiar deals. You could sell it once you move out.