To think that they should fix the cooker?

[rogersmellyonthetelly]

Friend of mine moved into a property last week, I have been helping her with it as she has some mh issues. We went same day as getting keys to put heating on and air it out, arrived following day with removal van and the kitchen was flooded, boiler had over pressurised as had been connected incorrectly. Plumber arrived very quickly to fix it which was great. Friend moved in at weekend and met landlord, a lovely couple, who said that the cooker and fridge were gifted to her. Trouble is, this wasn't mentioned and friend assumed that the cooker in the kitchen 1) worked and 2) was included in the rental agreement as it is listed on the inventory. When she came to use the cooker she has found that the cooker doesn't work, the oven which is electric shorted out the whole lower floor when she put it on and the alarm went off causing friend to have a massive panic attack. apparently because it was gifted to her the repairs are her responsibility.

AIBU to think they should pay because 1) it wasn't made clear until after she moved in that the cooker was a "gift" she assumed it was included and it is on the inventory
2) even assuming that it was a gift, it was essentially friends property which has been damaged in the flood in the kitchen which was caused by dodgy boiler so again, they are responsible for damage?
Not sure of legality of it and wanting to know legal stance before I try to argue with telnet agents on my friends behalf.

[rogersmellyonthetelly]

Letting agents even.

[trixie123]

no idea from an actual legal perspective but if its a rental, anything like this surely is down to the landlords. They can't conveniently "gift" something to someone as a way of off loading a dodgy appliance and thus not having to pay for repairs / replacement

[HarrietSchulenberg]

I would have thought that if the cooker was listed on the inventory then it was the property of the landlord, and therefore his/her responsibility, unless it was indicated as being "gifted" in writing. However, was the cooker listed as being in working order? If not then this could be a grey area, although it would look odd to list a cooker that didn't work, ie wasn't actually a cooker.

[rogersmellyonthetelly]

That's what I think, how convenient to gift appliances to absolve them of the responsibility of fixing it.

[rogersmellyonthetelly]

It is listed on the inventory as not tested by agent. But the tenancy act states that all electrical items included in the tenancy agreement must be kept in safe working order by the landlord. I really didn't want to get into an argument with the agents as don't want bad feeling for friend, but her mh issues mean she won't stick up for her rights as she doesn't want to be any trouble or a burden. Given that she lives on dla, she really cant afford to fork out for it fixing, especially not after having to pay for removal van etc

[nailak]

She can get social fund grant, I remember a thread on here about someone getting the grant for a new cookery.

[NinkyNonker]

You can gift anything electrical if you make it clear, and if it is on the inventory then I would have thought they'd have had to have made a note of it. I gifted a microwave etc, I don't want to have to replace it if it breaks and gifting it gets around that. I gave them the option of having it or not.

Is the flat unfurnished? I ask cause I thought that even an unfurnished flat had to have basic white goods unless otherwise specified.

Either way, if it is on the inventory then they have officially included it, as such there should be a working oven. Not an expert though.

[saladsandwich]

she could try getting a community care grant she wouldnt need to pay that back for a new cooker. i would try getting on to letting agents anyway personally if its in the inventory because if she was to move out after 6 months and she's has to replace the cooker she wont be able to take it with her because she'll have to leave a cooker in the property

[rogersmellyonthetelly]

It was unfurnished except for carpets and curtains, the fridge and the cooker, both of which were in situ at the viewing And both of which were included in the inventory, with a note "not tested by Agent" I think if they were gifted they should have made it clear at the viewing, and also exactly what the implications of that were as I had to explain to my friend that all appliances provided with the rental have to be tested and maintained by the agent/landlord at their expense, Unless gifted to her in which case they are her responsibility. My grumble is that we werent told about the gifts until 4 days after getting the keys, after the flood happened, and she hadnt tried to use the cooker at that point.

[NinkyNonker]

I think if you had nothing in writing you have a case for it being their problem!