Landlord refusing to repair oven

jayson043

mgarl10024 wrote: »

Well, once again I've learned something from these boards.

I was certain that an oven/cooker was mandatory, even in an unfurnished property, as you had to have a way of preparing food - and I was just about to comment as such but 10 mins of Googling has told me I'm wrong.

Landlord/Tenants responsibilites are covered in the tenancy agreement, advice given here without knowing details of the tenancy agreement is likely to be incorrect. If it's not mentioned in the tenancy agreement then common sense should help. The facts so far are 1) the landlord indicated he would fix the oven, this shows consideration that he accepted responsibility for it. 2) The tenant let the property, in part due to the oven. 3) The tenant asked the landlord to fix it, therefore showing the tenant believe the landlord was responsibile for it.
Therefore the landlord is responsible.

Now, for example, if the tenant believed they could sell the oven (say they don't cook) and the money would have been good to have and it was indicated by the landlord that this would be OK , the tenant would be responsible. Both parties considered their responsibilities. Off course the landlord would need to buy a new oven for the next tenant.

Guest101

jayson043 wrote: »

Landlord/Tenants responsibilites are covered in the tenancy agreement, advice given here without knowing details of the tenancy agreement is likely to be incorrect. If it's not mentioned in the tenancy agreement then common sense should help. The facts so far are 1) the landlord indicated he would fix the oven, this shows consideration that he accepted responsibility for it. 2) The tenant let the property, in part due to the oven. 3) The tenant asked the landlord to fix it, therefore showing the tenant believe the landlord was responsibile for it.
Therefore the landlord is responsible.

Now, for example, if the tenant believed they could sell the oven (say they don't cook) and the money would have been good to have and it was indicated by the landlord that this would be OK , the tenant would be responsible. Both parties considered their responsibilities. Off course the landlord would need to buy a new oven for the next tenant.

My understanding is the LL doesn't need to provide cooking facilities.

Pixie mentioned s10 earlier, which suggests they do. I have no reason to doubt pixie. However a microwave could be sufficient, therefore no new oven would be needed.

Pixie5740

jayson043 wrote: »

Landlord/Tenants responsibilites are covered in the tenancy agreement, advice given here without knowing details of the tenancy agreement is likely to be incorrect. If it's not mentioned in the tenancy agreement then common sense should help. The facts so far are 1) the landlord indicated he would fix the oven, this shows consideration that he accepted responsibility for it. 2) The tenant let the property, in part due to the oven. 3) The tenant asked the landlord to fix it, therefore showing the tenant believe the landlord was responsibile for it.
Therefore the landlord is responsible.

Now, for example, if the tenant believed they could sell the oven (say they don't cook) and the money would have been good to have and it was indicated by the landlord that this would be OK , the tenant would be responsible. Both parties considered their responsibilities. Off course the landlord would need to buy a new oven for the next tenant.

Wow. Just wow.

I'm not sure where to even start. Your conclusion that the landlord is responsible for repairing or replacing the oven is incorrect (unless this property is in Scotland). Yes the landlord could repair or replace it but there's a big and very important difference between what a landlord could do and what legally they must do. This is down to the law and not common sense.

As for your scenario where the tenants sell the oven well yes tenants could sell the appliances supplied by the landlord but come the end of the tenancy they'll need to reimburse the landlord for these missing items.

jayson043

"Landlord/Tenants responsibilites are covered in the tenancy agreement, advice given here without knowing details of the tenancy agreement is likely to be incorrect."

Pixie5740 - Is your point based upon what the landlord legally must do? (therefore the law) Or what the landlord can agree to? The landlord can agree to a lot, not just in law (for example agreeing to provide Sky TV). The landlord has agreed by their actions to be responsible for the oven. Law is based upon common sense and facts!

Guest101

jayson043 wrote: »

"Landlord/Tenants responsibilites are covered in the tenancy agreement, advice given here without knowing details of the tenancy agreement is likely to be incorrect."

Pixie5740 - Is your point based upon what the landlord legally must do? (therefore the law) Or what the landlord can agree to? The landlord can agree to a lot, not just in law (for example agreeing to provide Sky TV). The landlord has agreed by their actions to be responsible for the oven. Law is based upon common sense and facts!

Is it??

You've not answered what you meant by this either: oh dear here we go again!

Miss_Samantha

If the property is managed by the letting agent and Emphino has sent him an email then the landlord has been notified in writing.

Pixie5740

My point is that the landlord can repair or replace the oven but that doesn't mean that he must do it by law. You'd be surprised at how few repairing obligations landlords in England & Wales actually have. Yes many landlords go over and above the bear minimum expected by them but from a legal standpoint they don't have to.

The landlord is taking responsibility for the oven by arranging for it to be removed the property. He does not have to repair or replace it. In fact (legally) he might not even have to remove it.

silvercar

I'm very surprised by some comments on here. Logic would dictate that the landlord is responsible for repairing what he supplies unless he specifically excludes the responsibility in the tenancy agreement.

looknohands

Makes no sense for the landlord to have no obligation, as essentially means I would need to do some pretty borderline things to be able to cook in my property if the landlords oven broke.

I have a fitted oven in my rental, if this breaks I would need to install my own freestanding oven in the living room somewhere, plumbing gas or wiring for a new oven as there's no space in kitchen. Alternatively I remove his fitted oven and put my own freestanding oven in place, therefore ruining the fitted kitchen.

I'm sure contractually I can't do the above, so he must at least be obliged to remove the broken oven for me to put my own one in place?

Pixie5740

Oh well if logic and common sense say the landlord must fix then oven then I guess he must. Who cares what the Landlord and Tenant Act 1985 says anyway or any of the other housing acts.

(Why isn't there a smiley with a raised eyebrow?)