Oven not operative; can T deduct for this from rent?

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  • Oven not operative; can T deduct for this from rent?

    Myself and my partner are renting a flat in cardiff, the week we first moved in we did not use our oven as we had microwave meals and take out as we were to busy unpacking etc. but when we went to use the oven in the property we could not find the mains and it would not work.
    We contacted our landlord several times about this with no response we also contacted our estate agent but had no reply from him either. I finally got in touch with our landlord and he said that he did not know where the switch was and would come over that evening and find it for us!
    He never came over and we have been unable to contact him since therefore my partner and I have been spending extra money (even though we had bought frozen and fresh food) so that we could eat as we had to buy specifically microwave meals and takeaway are we within our rights to take money out of our rent for these extra costs as we are on job seekers allowance and housing benefit and cannot afford to buy this extra food?

  • #2
    Did L provide an Inventory before your tenacy began? Was the cooker in working order at the time?
    Note that L's inescapable duty to maintain the electrical installation [s.11 of LTA 1985] does NOT cover equipment for making use of the supply.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      Thanks for the quick response this is our first time letting and we have been dealing through the estate agents, we asked them would they come and do inventory the first week we moved in, they never did nd they never return phonecalls or messeges, they have been useless to us since they had our money! I dont believe its that the oven isnt working but that the mains(as its an electric oven) is not on but there is no mains that we can see in the flat we have only been living here 3weeks can i take the money off the rent? and do i have to notify him in writing as the rent is due in 2days time!

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      • #4
        Please clarify, is your landlord employing an agent to manage this property, or is he managing it himself?

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        • #5
          I believe that the estate agents are managing the property but we have had no further reply from the landlord or estate agent and I would really just like to know if I am within my rights to deduct the money from our rent as if I am then I will leave a message for the landlord and estate agent explaining this. Hopefully they will then come and sort the oven out so that myself and my partner can eat properly. As I said we are both unaware of our rights and as we have not rented before are very new to all of the legal terms and jargon as well as the rights we have as tenants. I really do believe that it is as simple as them finding the mains switch to switch the oven on which if it is I do not see why he couldn't have told us on the phone and saved all this hassle so therefore I ask again and please reply are we wthin our rights to deduct an amount from our rent for this??

          Please reply asap as our rent is due April 1st.

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          • #6
            Originally posted by chow15uk View Post
            I believe that the estate agents are managing the property but we have had no further reply from the landlord or estate agent and I would really just like to know if I am within my rights to deduct the money from our rent as if I am then I will leave a message for the landlord and estate agent explaining this. Hopefully they will then come and sort the oven out so that myself and my partner can eat properly. As I said we are both unaware of our rights and as we have not rented before are very new to all of the legal terms and jargon as well as the rights we have as tenants. I really do believe that it is as simple as them finding the mains switch to switch the oven on which if it is I do not see why he couldn't have told us on the phone and saved all this hassle so therefore I ask again and please reply are we wthin our rights to deduct an amount from our rent for this??

            Please reply asap as our rent is due April 1st.
            Yes, I think that if you have made numerous attempts (and logged them in case evidence is required), to contact both Ll and agent about a piece of equipment which was in the flat when you viewed it, (the assumption being that it was working), then it would not be unreasonable to instruct an electrician to get it working and withold the amount he charges, from your rent, until LL reimburses you.

            Send LL and agent a text or email tonight, or failing that, a letter, to explain why you have done this. Stress that you will be happy to pay the rest of your rent as soon as he reimburses you for the cost of repairing the oven, or if he contacts an electrician tomorrow. Say that you are unhappy that it has taken him so long and that a cooker is a basic requirement which you assumed would be working.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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            • #7
              Thanks for all your replies just one other question can i take money from the rent for all the takeaways and microwave meals we have had to purchase??

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              • #8
                Originally posted by chow15uk View Post
                Thanks for all your replies just one other question can i take money from the rent for all the takeaways and microwave meals we have had to purchase??
                That might be a case of having your cake and (h)eating it.
                I offer no guarantee that anything I say is correct. wysiwyg

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                • #9
                  Originally posted by chow15uk View Post
                  Thanks for all your replies just one other question can i take money from the rent for all the takeaways and microwave meals we have had to purchase??
                  I'm no expert, but I'd say no, because you would have had to have bought food anyway!

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                  • #10
                    Originally posted by chow15uk View Post
                    Thanks for all your replies just one other question can i take money from the rent for all the takeaways and microwave meals we have had to purchase??
                    No, I think that would be pushing it!

                    Raw food can be very nice, however, (as long as it is not meat).
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                    • #11
                      Originally posted by mind the gap View Post
                      Raw food can be very nice, however, (as long as it is not meat).
                      What's wrong with Steak Tartare?
                      Just 'cos you don't eat meat.........
                      I offer no guarantee that anything I say is correct. wysiwyg

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                      • #12
                        [QUOTE=jta;127659]What's wrong with Steak Tartare?
                        QUOTE]

                        e-coli and salmonella, is what's wrong with steak tartare! Plus the possibility of tapeworm eggs, although this is less likely.
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                        • #13
                          e-coli and salmonella,
                          more likely to come from unhygienic preparation than the meat itself.
                          I offer no guarantee that anything I say is correct. wysiwyg

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                          • #14
                            MTG clear some space in your box please.
                            I offer no guarantee that anything I say is correct. wysiwyg

                            Comment


                            • #15
                              Originally posted by jta View Post
                              MTG clear some space in your box please.
                              OK boss! Consider it done.
                              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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