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Repair/Replace of Cooker

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  • Repair/Replace of Cooker

    Hi legalbeagles,

    We are renting a property from an organisation since 4years. Our cooker is broken. Usually they repair or replace it. But, last year We signed a contract, which states -
    The Tenant will : Keep the interior of the Property in a good state of repair and condition as at the commencement of the Tenancy except those installations which the landlord is liable to repair under section 11 of the landlord and tenant act 1985 as described in Part 3 Clause 3 below ( i.e. Replace lightbulb when necessary . Fair wear and tear and accidental fire damage excepted) and in particular to clean, maintain, repair or replace any cookers, fridge freezers, sinks, sanitary fittings, cisterns drains or other installations or equipment damaged, blocked or broken by any act , neglect or omissions on the part of the Tenant of the Tenants guests or visitors. ( This was in paragraph)

    Now, our cooker is broken. So I asked for repair. But , they are saying that I signed the contract to replace myself.

    I read through the agreement and understood fair wear and tear is acceptable.

    Please ,could some one read through on my behalf and suggest me , if I am misreading the Clause?
    Please could you suggest , if I as a tenant have the right to ask them or should I repair/replace myself ?

    Thanks kindly
    regards
    EB
    Tags: None

  • #2
    Re: Repair/Replace of Cooker

    In what way is the cooker "broken" ?

    Is it a gas appliance?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #3
      Re: Repair/Replace of Cooker

      I read that paragraph as you being responsible for replacement or repair if damaged, blocked or broken by any act , neglect or omissions on the part of the Tenant of the Tenants guests or visitors. Did you break it or did it just die?

      Comment


      • #4
        Re: Repair/Replace of Cooker

        Hi Di,

        It is electrical Appliance, BEKO the hobs are not heating up. I guess the coils underneath are not working. We guess This is General wear and Tear , we haven't misused the cooker.

        I read the paragraph and googled the landlord act. I understood general wear and tear of installations will be the responsibility of landlords. But, The manager says , it isn't. And we need to replace the cooker.

        What do you suggest we should do ?

        Many Thanks for replying.
        EBking
        Last edited by EBKing; 11th September 2017, 04:28:AM. Reason: spelling mistake and add more information.

        Comment


        • #5
          Re: Repair/Replace of Cooker

          Hi Ostell,

          The cooker is an electrical one. Couple of Hobs are not heating up. So I guess the coils are not working properly.I thought it is general wear and tear.

          I read the paragraph and googled the landlord act. I understood general wear and tear of installations will be the responsibility of landlords. But, The manager says , it isn't. And we need to replace the cooker.

          What do you suggest we should do ?



          Many Thanks.

          Comment


          • #6
            Re: Repair/Replace of Cooker

            Hi

            Would need to see the fully TC ( with details redacted ) to answer properly. Ha sthis changed from Furnished to unfurnished ??

            50/50 wither this would hold in my opinion.

            It would be a material change in the TC, even though you signed a new one ( yearly ), unless you moved out, the moved back in again between signings, its hard for a LL to enforce terms like this, especaily when its indifferent to the TC you signed when moved in.
            crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

            Comment


            • #7
              Re: Repair/Replace of Cooker

              Originally posted by EBKing View Post
              The cooker is an electrical one. Couple of Hobs are not heating up. So I guess the coils are not working properly.I thought it is general wear and tear.

              I read the paragraph and googled the landlord act. I understood general wear and tear of installations will be the responsibility of landlords. But, The manager says , it isn't. And we need to replace the cooker.

              If it's just a couple of hobs/hot plates which are not heating up then why do you need to replace the whole cooker? Are the oven and grill (if there's one integrated) functioning okay?

              You could contact Beka for an estimate to repair the hob and/or a report as to what has caused the problem and/or whether the whole cooker is a write-off as a result. They operate a "No Fix No Fee" call out system (always check the small print).

              http://www.beko.co.uk/support/repairs

              Perhaps you should inform the agent that you would like the repair done by the Landlord within seven days or you will arrange for the repair yourself and send them the bill.

              They will probably pay more attention if they know they'll be faced with an engineer's report confirming the situation (damage or wear and tear).

              If the oven isn't working (so you have no cooking facilities in the property) then the Landlord is bound by the Housing Act 2004 to provide you with that basic need. You can contact the Council's Environmental Health Team to report the disrepair.

              They can come to the property to assess the situation and then contact the Landlord (or their agent) with the threat of the issuance of an Improvement Notice to force them to repair or replace the cooker if appropriate even if it's your fault it's broken.

              Then you would have a battle with the Landlord as to whether he should be reimbursed by you under the new contract terms. The Landlord's statutory duty would still apply in the first instance.

              How old is the cooker in case the part needed is extinct?

              Di
              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

              This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #8
                Re: Repair/Replace of Cooker

                Hi

                The cooker is 2yrs old . I shall check the beko link you sent, hope to find a solution .

                Many thanks for the Advice.
                Regards

                Comment


                • #9
                  Re: Repair/Replace of Cooker

                  Originally posted by EBKing View Post
                  The cooker is 2yrs old . I shall check the beko link you sent
                  A cooker should be expected to last more than two years!

                  Did it come with any warranty? Ask the agent to ask the Landlord.

                  You need to establish what caused the malfunction before you can really decide who's to blame and who should pay for the repair/replacement.

                  Di
                  I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                  This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                  Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                  Comment


                  • #10
                    Re: Repair/Replace of Cooker

                    Hi Di

                    The Management has now decided to repair or replace the cooker themselves.
                    I spoke about calling in the Engineer to see if we damaged the cooker or was it a general wear and tear.

                    Your Advice was very helpful , Thank you somuch .

                    kind Regards

                    Comment


                    • #11
                      Re: Repair/Replace of Cooker

                      Originally posted by EBKing View Post
                      Hi Di

                      The Management has now decided to repair or replace the cooker themselves.
                      I spoke about calling in the Engineer to see if we damaged the cooker or was it a general wear and tear.

                      Your Advice was very helpful , Thank you somuch .

                      kind Regards
                      Result!

                      Well Done You

                      Di
                      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                      This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                      Comment

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