Do I have to provide a cooker and hob?

Do I have to provide a cooker and hob?

9:17 AM, 14th April 2022, About 2 years ago 29

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Hi everyone, I let all my properties on an unfurnished basis.

However, someone has now told me that I am required to always provide at least an electric cooker and hob?

Is this correct?

Is there legislation to confirm this and would it be a requirement by a local authority?

Many thanks

DSR


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Comments

SteveFowkes

10:45 AM, 14th April 2022, About 2 years ago

Yes - it's national legislation.

Could I suggest that if you don't know this, you probably need to do some landlord training

Monty Bodkin

11:52 AM, 14th April 2022, About 2 years ago

It is not legislation (presuming you're in England).
You can't prove a negative.

Joanne Watson

12:01 PM, 14th April 2022, About 2 years ago

Reply to the comment left by SteveFowkes at 14/04/2022 - 10:45
Is this new legislation?

Crossed_Swords

12:05 PM, 14th April 2022, About 2 years ago

This is fairly new, it came in with the Fitness for Human Habitation Act 2018 which came into force March 2019. It modifies Section 10 of the Landlord and Tenant Act 1985 and says "facilities for preparation and cooking of food" must be provided. It does not have to be electric but that is probably safer and cheaper. Prior to the Act it was not a requirement although usually expected. Of course if the tenant has one then you don't have to provide it but generally they don't and it will help your property let.
I didn't know this (I have just looked it up now) and I am an experienced landlord, nor has any of my agents informed me of it so I disagree it is common knowledge. They probably didn't think it necessary as I do provide cookers and other appliances. @SteveFowkes/Kate Mellor, it is not kind to belittle people for asking questions, as far as I know this site is for everyone not just those with experience. However, thank you for the pointer - "every day is a school day"

Steve Knell

12:09 PM, 14th April 2022, About 2 years ago

I am a bit confused: is it the law that landlords have to provide a cooker or not? Monty's comment suggests it isn't.

Crossed_Swords

12:12 PM, 14th April 2022, About 2 years ago

https://www.legislation.gov.uk/ukpga/1985/70/section/10

Yes it would appear it is the law that the property has cooking facilities. I have one tenant who brought their own cooker but otherwise you would be expected to provide one

Monty Bodkin

12:14 PM, 14th April 2022, About 2 years ago

Reply to the comment left by Crossed_Swords at 14/04/2022 - 12:05
'Section 10 of the Landlord and Tenant Act 1985 and says "facilities for preparation and cooking of food" must be provided.'

It doesn't say they "must be provided", it says "regard shall be had to its condition" which is not the same thing.

Kate Mellor

12:20 PM, 14th April 2022, About 2 years ago

The Housing Health and Safety Rating System (HHSRS) & the Homes (Fitness for Human Habitation) Act 2018, states that tenants must have the means for preparing food safely. Whilst this is somewhat vague, I would suggest that a council HHSRS inspector would be likely to infer this required cooking facilities to be provided. Especially when you consider an oven, even a freestanding one needs to be wired in by an electrician.

Crossed_Swords

12:25 PM, 14th April 2022, About 2 years ago

Reply to the comment left by Monty Bodkin at 14/04/2022 - 12:14
That is true, I over-interpreted. However if there is no cooker and the tenant wants one I think you would be on dodgy ground not to provide one if it came up before a court. I would suggest the OP wait and see who is going to rent it and whether or not they are prepared to provide their own and then make a judgment call. It also depends on the demographic you are renting to, the legislation was brought in to enforce existing common law - it is not new - to protect low income tenants from sub-standard accommodation. If they can't afford a cooker then the landlord will be expected to provide it. If you let to professionals then it is less likely to be an issue

Monty Bodkin

12:29 PM, 14th April 2022, About 2 years ago

Reply to the comment left by Kate Mellor at 14/04/2022 - 12:20"I would suggest that a council HHSRS inspector would be likely to infer this required cooking facilities to be provided."
They wouldn't if they knew the law. Many council's don't provide cookers in their rental properties.
(Obviously I'm not saying private landlords shouldn't supply cookers, I'm just stating the legal position).

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