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Unable to use the over - should I expect my landlord to replace it.

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355 views 1 replies latest reply: 15 September 2014
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Tenant

Hi
I moved into a property on the 1st September and have discovered a number of faults within the property. The main fault being the oven.
Whilst the oven does work (in a fashion) we are unable to use it to cook anything as there is only one knob and all the stickers have worn off. I have tried to use it but do not want to risk my children (2 and 3) getting food poisoning or myself or partner for that matter. The hob part of the oven works but I have had it checked by a gas safety engineer and although it is safe due to the age of the oven it does not have the safety feature that other ovens have. It is the only appliance that the landlord has provided am I within my rights to ask them to replace it?

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Administrator

Thanks for posting in the forum.

The Housing Act 2004 makes it the landlord’s responsibility to:

(b) 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

The law also states that when a tenant moves into a property it must be:
(a) Safe when the tenancy begins, and
(b) Maintained in a safe condition throughout the tenancy.

When you moved in, was there a checking in inventory? This document outlines all features of the property and their condition and is a sign that your landlord and/or letting agent is professional. Tenants are usually given these papers on the day they move in and are expected to return it with the signed tenancy agreement. However, before doing so, it is the tenant’s responsibility to walk through the property and make any amendments required before signing, such as a broken dial on the oven. If you did not receive one, then it is in your best interest to create your own (see tips for doing this on the Shelter website) in case the landlord tries to take money from your deposit for problems that were there before you moved in.

Well done for getting a gas safety engineer in to take a look at the oven. Keep a copy of the report and send another copy to the landlord as s/he is responsible for any appliances that they supply within the property – for instance cookers, microwaves, kettles, washing machines etc. The electrical system – i.e. the wiring in the property, all plug sockets and light fittings are also the responsibility of the landlord. All of these must be in full working order and be maintained to these standards.

If you have a problem with your electrical system or the appliances provided by your landlord or letting agent you must write a letter or an email outlining the problem immediately.

For more info on how to do this see our relevant articles:

http://www.thetenantsvoice.co.uk/advice_from_us/electrical-safety/
http://www.thetenantsvoice.co.uk/advice_from_us/requesting-repairs-2/

All the best.

Disclaimer: This information is derived from personal experience and should not be relied upon as a definitive or accurate interpretation of the law.

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