Do Landlords Need To Provide A Cooker (Oven & Hob)?

Today we’re discussing a not-so-exciting but commonly debated topic among landlords and tenants: whether landlords in England are required by law to provide a cooker, including an oven and/or hob, for their tenants.

There’s confusion due to a vague section in the Landlord and Tenant Act 1985, specifically Section 10 (Fitness for human habitation), which mentions “facilities for preparation and cooking of food…”. People are wondering if this means landlords must provide cookers to avoid breaching the law.

If you’re someone who’s simply curious about this issue without getting into the legal complexities, you’re also in the right place. Let’s delve into the details and clear up the confusion…

The specific part of the Landlord and Tenant Act 1985 in question

Section 10(1) (Fitness for human habitation) of the law provides a list of conditions to consider when evaluating if a property is liveable, including repair, structural stability, dampness, layout, light, ventilation, water services, waste disposal, and facilities for preparation and cooking of food and for the disposal of waste water.

This particular phrase has led to much confusion among landlords and lawyers, with varying interpretations on whether it mandates landlords to provide cooking appliances.

Additionally, some suggest that this requirement concerning cooking facilities was only added with the Homes (Fitness for Human Habitation) Act 2018 amendment, but in fact, it has been present since the 1991 version of the Act, with only the reference to ‘dwelling in England’ being included in the 2019 amendment.

So what’s the answer? Do private residential Landlords in England need to provide cooking appliances?

Firstly, it’s critical to note that I’m not a legal expert, so take this information as non-authoritative. When seeking guidance on this topic, I look to respected legal professionals, such as Giles Peaker from Anthony Gold law firm. He’s known as an experienced authority in housing law.

In a blog post response, Giles clarified that the 1985 Act does not legally force landlords to furnish their properties with cooking appliances. Instead, they’re required to offer a safe space where food can be prepared and cooked by the tenants.

“There have to be adequate facilities to enable the occupiers to safely prepare and cook food (sufficient for the number and needs of the occupiers).”Giles Peaker, housing lawyer

This interpretation aligns with the purpose of the Act: to ensure properties are safe and healthy, under the term “fit for human habitation”, rather than focusing on providing specific appliances.

According to the government, a rental property must be free from serious health and safety hazards to be deemed fit for living. The absence of a cooker does not inherently make a property unsafe or unhealthy. This suggests that landlords are not mandated to provide a cooker, but should ensure the space is suitable for safely installing and using one if the tenant chooses to do so.

In my opinion, your home should be a safe environment that doesn’t pose a threat to your or your household’s well-being. This principle emphasizes maintaining overall safety rather than just providing specific equipment.

The government’s “Guide for landlords: Homes (Fitness for Human Habitation) Act 2018” suggests that a home might not be suitable to live in if food preparation and dishwashing are challenging tasks.

The guide further explains that it’s up to the courts to decide if a dwelling is liveable, and while a Housing Health and Safety Rating System (HHSRS) assessment isn’t compulsory, landlords can initiate one to detect any significant health or safety risks.

The HHSRS operating guide under clause 16.17 highlights the need for enough space to install adequate cooking facilities for the household, along with proper connections for fuel. This clause was also pointed out by Giles Peaker in a comment on the nearlylegal.co.uk blog.

Despite this, I’m quite sure that, especially as per Section 10 of the Landlord and Tenant Act 1985, landlords in England aren’t obligated to provide cooking appliances like ovens or hobs. This is contrary to the majority opinion in a Property118 discussion, which seems to disregard Giles Peaker’s interpretation, even though he is a housing solicitor.

Shifting away from legal requirements to personal ethics, I believe landlords should consider providing basic cooking appliances. Legally, they might not be required, but offering at least an oven and a hob seems reasonable and is generally expected. Not including these appliances could be off-putting to potential tenants due to the additional cost they would have to bear. In my experience, many landlords do provide some cooking appliances, so it would be notably stingy not to. Furthermore, you might not want tenants installing their own, particularly if the appliances aren’t freestanding.

That’s simply my take on the matter.

Disclaimer: This is my personal view and is not professional legal or financial advice. Always seek guidance from qualified professionals for legal or financial concerns.