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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 6588
Experience:  Senior Associate Solicitor
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I have reported a cooker /oven which does not work, and been

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I have reported a cooker /oven which does not work, and been asked to measure the cooker (without a tape measure)as the lettig agent refuses to go to the property. Secondly they have taken since 13 Nov 2019 till Sat 30th Nov to replace the cooker. Finally the cooker does nto have the same characteristics eg timer on the oven (s) is not ceramc hobb and has been chained to the kitchen unit rather than screwed into the wall. What are my rights if any?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Filed paper work on line. I have refused to take time off my work to watch the tradesman - when letting agent refuses to attend.
JA: Where is the property located?
Customer: St Albans Gorund Floor Flat of three storey building
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have concerns about the electics inth eflat ? Safe or not eg cooker switch is in kitchen cupboard.

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

By law, landlords must ensure the property is in good repair under S.11 of the Landlord and Tenant Act 1985.

If they do not, they face prosecution by the local council and can be fined. It would also be breach of contract on their part and you would be within your rights to terminate the tenancy agreement.

The Local Authority Environmental Health Officers have powers under the Housing Act 2004. They have a duty to ensure that properties in their area are in a habitable condition, and will serve improvement notices on landlords of properties which are assessed, under the new Housing Health and Safety Rating System as having ‘category 1 hazards’.

The cooker is a vital item in the property - further, the electrics need to be in good order - if they are not then this is a health and safety risk and you should report the landlord immediately......

I would therefore contact your local council (the housing department) in the first instance to report the matter and ask them if they can send someone out to do an emergency repair - if so, they will do the work and they will bill the landlord themselves. If for some reason the council cannot help, you would either have the option of paying it yourself and withholding rent, or to instruct an engineer to come out and fix the problem and you then pursue the landlord for the money.

You can report the landlord via email to this address: [email protected] or telephone them on 01727 866100 and ask for the housing department.

If the landlord does not pay or if they refuse for whatever reason, you can sue them in the county court for your losses on the money claim site (http://www.moneyclaim.gov.uk) although I recommend sending the landlord a letter before action to warn them of your intentions first and allow them 14 days to reimburse you. If they do not reimburse, you are free to issue a claim. Bear in mind the liability is the landlord's - you would pursue the landlord (not letting agent) here.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

JimLawyer and other Property Law Specialists are ready to help you
Customer: replied 6 days ago.
I reported this matter St Albans private sector housing came round and confirmed no problems with Cooker box(plastic) in kitchen cupboard. Cooker replaced but was connected by wires tied together and insulating tape round them ? I await their reply.