Our landlord says we have to repair our broken appliances. Is he right?

Q. The freestanding cooker and fridge freezer have broken down in the flat we rent. The landlord says it is up to us to repair them. Is he right?

A. In a rental property, the most important obligations to repairs are those implied by section 11 of the Landlord and Tenant Act 1985. This provides that the landlord must repair the structure and exterior of the property, and “to 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”.

The landlord must also keep in repair and proper working order “the installations in the dwelling-house for space heating and for heating water”. Legally, a distinction is made between sanitation and heating services within the section 11 obligation, and other installations that consume what is supplied, including cookers and refrigerators. These fall outside the obligation, even though they may be included in the letting.

• What are your rights as a tenant?

The other main duty is for landlords to comply with housing standards regulations, which have different requirements. Under the Housing Health and Safety Rating System, the local housing authority can take action if premises are a threat to the health of occupiers. According to this system, hazard 16 is where there is a “food safety” threat of infection from poor provision of facilities to store, prepare and cook food.

There are detailed requirements about the placement of cookers, but no specific obligation for the landlord to actually provide the cooker itself. The same applies to fridges. But different restrictions apply to HMOs (houses in multiple occupation), where landlords are usually required to repair shared facilities.

Responsibility for repairing fridges and cookers will usually be spelt out in the tenancy agreement. Unlike some other kitchen installations, it is usually the tenant’s responsibility to mend cookers and fridges if they break.
Mark Loveday is a barrister with Tanfield Chambers. Email questions to [email protected]