Broken cooker in newly rented house

laj60

Hi

I've recently moved into a house I am renting through an agent which is fully managed by them. I understood at the start of the tenancy that the white goods were supplied on a non maintained basis and it states this in my tenancy agreement, I did say when I went in to sign that I was happy to sign as long as everything was working at the start of my tenancy which I was assured would be the case. However as soon as I tried to use the main oven on the electric cooker it was clear it wasn't working! the fan makes a sound and the light comes on but no heat, also the extractor fan doesn't work at all, I've contacted the agent several times and their response was that the landlord had no intention of replacing the cooker/extractor fan. Can anybody advise me if I am right in thinking that any appliances left in the property should be in good working regardless of whether it is down to me to carry out any subsequent repairs?

The latest from the estate agent is that the landlord is prepared to give me £50 as a goodwill gesture! I haven't accepted as yet!

TIA

mildredalien

laj60 wrote: »

Hi

I've recently moved into a house I am renting through an agent which is fully managed by them. I understood at the start of the tenancy that the white goods were supplied on a non maintained basis and it states this in my tenancy agreement,

What does this mean? Does the contract state that you have to maintain/repair/replace any white goods in the house at your own cost? What happens when you move out, if you have to buy a new cooker for example can you take it with you?

Do you have anything in writing about the white goods being in good working order, or was there an inventory to that effect?

ETA:
Shelter website says this - Your landlord is responsible for repairing or replacing faulty items or appliances they provided, such as a fridge or washing machine. Your landlord isn't responsible for fixing any appliances or furniture you own. If your contract stated that the landlord would not be responsible for repairing or replacing any appliances and you signed that you may be out of luck.

LEJC

Its becoming quite common to see clauses in Tenancy agreements that stipulate the white goods are not maintained by the LL ...the existing goods are there for tenant use but once they break etc it is the tenants responsibility/choice to maintain them or change them...
In the agreements I have seen any change of appliance where the tenant purchases something then it becomes theirs going forward.

read into it what you like but my personal view is that the LL probably knows the items are not new and possibly costly to replace....

what does the inventory say regarding the item?
Did it list it as working and when you checked through the inventory at check in did you test it for yourself before you signed to accept the condition it was in.

sadly it looks as if the letting agent has taken the line that the appliance is now broken and therefore you are now responsible for the repair or replace...although unless it specifies otherwise if you replace the item that is then yours to take when you leave.

laj60

Hi

Apparently according to the letting agent the appliances are not required to be checked by the person carrying out the inventory, it does say on there that the extractor fan doesn't seem to be working but the cooker wasn't tested. I think the landlord or agent should have checked it was working before the tenancy started, I didn't have the opportunity to test the appliances before I signed as it was about four weeks before I moved in and the previous tenants were still living in the property. All the drawers in the freezer were broken and completely unusable as well and the agents response to that was to just use the shelves without drawers! not good really when my rent is £1025 a month I did expect to have at appliances that at least worked at the start of my tenancy! :-(

LEJC

laj60 wrote: »

Hi

Apparently according to the letting agent the appliances are not required to be checked by the person carrying out the inventory, it does say on there that the extractor fan doesn't seem to be working but the cooker wasn't tested. I think the landlord or agent should have checked it was working before the tenancy started,

but when you moved in you must have been given an inventory to sign, did you not check the appliances worked before you agreed to the condition stated.
You are the tenant and you should have checked it...it forms part of the tenancy agreement you signed together with the inventory...its not the letting agent who will be held responsible its you...yes nice if they check it...but its actually something that you should check too.

I'm a LL and we issue an inventory to all tenants on check in that is placed within the property when they first enter it ....they are encouraged to check that document carefully and then sign and return it.....

in your case did you not highlight the non working oven or indeed the broken freezer drawers?
If you have signed an incorrect inventory or just let it lapse without challenging it then you may find that there are other inconsistencies in the property that may be blamed on you when the check out inventory is carried out.

laj60

I do have a very detailed inventory but the letting agent has told me the cooker wasn't included on the inventory. As for the freezer when I viewed the property once it was empty but before my tenancy started the agent who accompanied me agreed that the freezer wasn't in good working order and took photos, but since that the person at the same agency who is managing the property said "the landlord has no intention of replacing anything" and the freezer can be used without the drawers and that's the same response I'm getting with the cooker so far!

LEJC

ok so the cooker isnt listed on your inventory but it is mentioned as being part of the tenancy agreement,although not maintained by the LL....

Perhaps hindsight is a wonderful thing but rather than expecting it to work I perhaps think you should have confirmed this for yourself at check in.
Maybe you did,and having fed your comments back to the LL this is why you are now being offered £50 for your trouble....either way its possibly a lesson learnt.

As for the freezer,a broken drawer front doesn't actually stop it working and if you feel that strongly about it a spare could be purchased.The choice being yours to remove it or leave it when you vacate
its a part that sometimes is easily damaged and whilst is inconvenient doesnt prevent the overall efficiency to the freezer...a little like a dented door,unsightly but it still works.

unfortunately you may have stumbled on a LL who perhaps hasn't been as honest with you as they should have been but the flipside is perhaps you have taken them at their word when really you should have checked these things.

How long did it take you to discover and report the issue to the letting agent of the cooker not working?
How are you managing to cook at the moment....is it an intermittent fault or just no heat.
Have you put your complaint in writing,if not perhaps that might be worthwhile in order to show a timeframe of the dispute.
is it a built in cooker and extractor fan....might be worthwile trying to persuade the LL to take responsibility if it is ....particularly if they have offered money in recompense
finally is it gas or electric...assuming if its gas it passed the most recent GSC...although I suspect you will confirm gas hob electric oven which would mean the fault with the oven wouldnt have been noted necessarily

For the record...I agree its shoddy and underhand I also dont agree with the until things break clause either,in my mind a place is either supplied with or without the white goods and maintained accordingly by the LL if supplied with

pmlindyloo

Why not have a conversation with your landlord about the cooker?

Have you found out how much it will cost to repair it? Might be a good first move.

Then talk to the landlord quoting him the estimate and seeing if you can come to some agreement.

If it is very expensive to repair then ask the landlord what he wants you to do. Repair it - pay for it - go halves? Collect it and you get your own cooker? (and take it with you when you go)

How are you managing at the moment without a cooker?

In the end it is the landlord's cooker and so you need to know what he expects you to do if it is a very expensive repair.

Yes, it should have been working when you took over the tenancy and you may need to reinforce this when you have a chat. BUT the clause in your tenancy agreement (that you signed) says you are responsible for maintenance and repairs. It could be difficult to prove that ti was not working (unless you know the previous tenants and they could tell you)

So start by getting an estimate for repair and then negotiate nicely.

I agree as regards the freezer - find out if you can get replacement drawers and then also nicely mention this to the LL.

laj60

Hi

Thanks for your replies, yes hindsight is a wonderful thing for sure! I've rented privately twice in the past and never had a problem with either landlord and thought going through an agent (although it wasn't my first choice!) would give me added protection how wrong I was! they seem to be completely on the landlords side...saying they can understand his frustration over the matter! I had only been in the house a day when I tried the cooker and found it didn't heat up...its a freestanding fully electric double oven so I can use the top small oven, but honestly its so old all the writing has worn off the front so working out which control does what and what the temperature is has been trial and error and I've burnt more things than not and set the smoke alarm almost everytime! :-( the agent tried to say the previous tenants put the cooker in the property but I've found the property history on zoopla from quite a few years back and its clearly the same cooker in the pictures from then..I've sent the link to the agent..also the woman who did the check in inventory has been helpful and she said to ask to see the previous check in - she said I think you will find the same cooker was listed when they moved in. Latest is I've managed to get the agent to agree to send somebody out to see if its repairable from their own property management company, she has said though that if it isn't repairable then the landlord is refusing to replace. I signed the tenancy agreement on 16th March but didn't actually get the keys until 8th April so even if I had checked at the time there was still always the possibility that it could have broken between me signing and moving in.

LEJC

Sadly I think you may need to put this down to experience.

the letting agent is never going to be there for the tenant in terms of extra protection...they are after all employed by the LL and act on those instructions fed by the LL to them...in essence no more than just a middle man really.

the fact that one part of the cooker works albeit the small over probably technically means that the LL has provided a working appliance to the property so again there may be little redress there for you.
Sadly cookers can live for years so to find one thats quite old in a property is not uncommon.I have one property where I inherited the cooker from the previous owner so have no idea of its age and the potential is there for it to fail,but having said that I am aware its my responsibility and will gladly supply a new one when required.

I guess time will tell how the LL handles any other issues with the maintenance of the property going forward but it may end up being a running battle to get anything done....

Your best action now is to see the verdict over repairable or not and make a decision going forward...if you dont want the expense of a brand new cooker what about placing an ad somewhere local or advertising on gumtree for a cheap second hand or possibly free one....when people have a new kitchen fitted they occasionally get rid of their old cooker so you may end up lucky that way...or at least worth a try.

laj60

Yes that is probably the best plan I will wait and see the outcome and if not repairable will buy a second hand one, I won't be leaving it behind though that's for sure! and hopefully I will never come across another landlord as tight as this one! the property is fully managed by the letting agents so hopefully shouldn't have any problems with day to day repairs in the future.

Just a bit gutting when I've handed over almost £8k up front and then don't even have a decent cooker and freezer :-(