British gas condemned boiler does landlord have to replace

thesaint

If your agreement mentions nothing of the landlord repairing the oven/appliances, then he does not have to do it.

It is not correct that every property has to be supplied with a oven.
Being mentioned on the inventory is irrelevant.

It is that simple.

LittleVoice

thesaint wrote: »

If your agreement mentions nothing of the landlord repairing the oven/appliances, then he does not have to do it.

It is not correct that every property has to be supplied with a oven.
Being mentioned on the inventory is irrelevant.

It is that simple.

If an oven is mentioned in the inventory but has been "condemned", is it irrelevant that it is mentioned in the inventory? Is it for decorative purposes only?


(Genuine enquiry)

tomtontom

Given that it is British Gas that has condemned the oven, I'd recommend your LL getting an independent gas engineer to check it. BG have a habit of condemning things that can be easily repaired.

thesaint

LittleVoice wrote: »

If an oven is mentioned in the inventory but has been "condemned", is it irrelevant that it is mentioned in the inventory?

That is correct.

LittleVoice wrote: »

Is it for decorative purposes only?
(Genuine enquiry)

It is whatever the tenant wants it to be, as the landlord has stated it is theirs.

kinger101

thesaint wrote: »

If your agreement mentions nothing of the landlord repairing the oven/appliances, then he does not have to do it.

It is not correct that every property has to be supplied with a oven.
Being mentioned on the inventory is irrelevant.

It is that simple.

Well, it's not that simple. Usually, a tenancy agreement will have a clause such as;

"The Landlord must keep in repair and proper working order any furniture, fixtures, fittings and appliances which are listed in the inventory, except where the damage or need for repair is a result of the Tenant’s failure to comply with the obligations in clause ....."

So the Tenancy Agreement, together with the Inventory, will usually set out the obligations for the repair of cooker.

jennifernil

For clarity.....

Is this oven a built-in oven? Or part of a free-standing cooker?

thesaint

kinger101 wrote: »

Well, it's not that simple. Usually, a tenancy agreement will have a clause such as;

"The Landlord must keep in repair and proper working order any furniture, fixtures, fittings and appliances which are listed in the inventory, except where the damage or need for repair is a result of the Tenant’s failure to comply with the obligations in clause ....."

So the Tenancy Agreement, together with the Inventory, will usually set out the obligations for the repair of cooker.

Are you trying to correct me, but saying what I have already stated?

You do accept that the information you gave earlier is indeed incorrect?

stator

Is it condemned as unsafe? Does that mean the landlord doesn't have a valid gas safety ceritifcate for the property? Naughty naughty.

G_M

I'm going to back-track on my position. But input to this thread is needed from a gas engineer and/or legal expert in the field.

The Gas Safety (Installation and Use) Regulations 1998 (S36) says:

(2) Every landlord shall ensure that there is maintained in a safe condition—

(a)any relevant gas fitting; and

(b)any flue which serves any relevant gas fitting,

so as to prevent the risk of injury to any person in lawful occupation or relevant premises.

The oven is a 'relevant gas fitting' so must be 'maintained in a safe condition'. (Note: not a 'safe working condition'.)

The question is, is the oven now safe?

As a non-expert, I'd guess that sticking a red label on it saying "Do not use" or similar, is not maintaining it in a safe condition. Disconnecting it from the gas supply and capping the supply pipe probably is maintaining it in a safe condition.

So what did the engineer do?

oldbaldman

http://www.hse.gov.uk/gas/landlords/

INDG285 gives guidance on the subject. An appliance owned by the T is not covered under the LLs obligations. It will depend on the inventory and contract, was it genuinely left as a "gift"? Or is the LL claiming this now to avoid paying for a new cooker or a repair?

Has the oven been left as a gift to a previous T?

obm