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Sep, 2014

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  1. #1

    Unhappy unfurnished property, can I get my cooker back?

    I have let my property unfurnished on an AST which has just become periodic.

    There is no inventory. Do I have to leave the gas cooker in the property? It has been there from the begining of the tenancy 6 months ago.

    I am about to arrange the anual gas safety check and wish to remove the cooker at the same time. Do I have to leave something to cook on?

  2. #2
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    Quote Originally Posted by HRNorthernlass View Post
    I have let my property unfurnished on an AST which has just become periodic.

    There is no inventory. Do I have to leave the gas cooker in the property? It has been there from the begining of the tenancy 6 months ago.

    I am about to arrange the anual gas safety check and wish to remove the cooker at the same time. Do I have to leave something to cook on?
    Why do you want to remove the cooker?

    In the interests of preserving a good relationship with your tenant, it would be an idea to discuss this with them! If they are going to be there a while, they may be willing to provide their own, but what if they cannot afford it? It's a bit mean, just removing it and expecting them to sort themsleves out when they have had the use of it for the first six months.

    I think technically, you are not legally required to provide a cooker if prop is let unfurnished but in the circumstances it would be reasonable to continue doing so, don't you think?

  3. #3

    Default about that cooker

    The legal position is what I'm concerned about not the "good relationship" that went when they stopped paying the rent two months ago and refused to move out after saying they were going to.

    ...yes I'm proceeding with s21 but meanwhile I still have to sort out the gas check no doubt I'm still liable even though they don't stick to their side of the bargain ... was considering blanking off the gas completely so I don't have to keep paying out for checks for non paying tenants. Was considering removing the gas fire too but think I'll leave that for now... it's harder to remove and sell which is what I think they will do with the cooker.



    Quote Originally Posted by mind the gap View Post
    Why do you want to remove the cooker?

    In the interests of preserving a good relationship with your tenant, it would be an idea to discuss this with them! If they are going to be there a while, they may be willing to provide their own, but what if they cannot afford it? It's a bit mean, just removing it and expecting them to sort themsleves out when they have had the use of it for the first six months.

    I think technically, you are not legally required to provide a cooker if prop is let unfurnished but in the circumstances it would be reasonable to continue doing so, don't you think?

  4. #4
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    Quote Originally Posted by HRNorthernlass View Post
    The legal position is what I'm concerned about not the "good relationship" that went when they stopped paying the rent two months ago and refused to move out after saying they were going to.

    ...yes I'm proceeding with s21 but meanwhile I still have to sort out the gas check no doubt I'm still liable even though they don't stick to their side of the bargain ... was considering blanking off the gas completely so I don't have to keep paying out for checks for non paying tenants. Was considering removing the gas fire too but think I'll leave that for now... it's harder to remove and sell which is what I think they will do with the cooker.
    Fine - but you didn't tell us all that in the first place!

    Bear in mind however, that if you are looking to re-let (depending on how easy you anticipate that will be - market forces &c) - your property may be more attractive to prospective tenants with a cooker, than without. Most unfurnished props these days have fitted kitchens in which built in hobs and ovens are standard. Not worth cutting off your nose to spite your face over?

    I suppose you could remove it and store it and replace when new Ts move in, but that would cost almost as much as a new cooker.

  5. #5
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    Jan 2005
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    Quote Originally Posted by HRNorthernlass View Post
    There is no inventory. Do I have to leave the gas cooker in the property? It has been there from the begining of the tenancy 6 months ago.
    Hmm. I would have said yes, you do. If the tenant viewed and took on the property with a cooker in place, then you can't suddenly remove it now. I don't think the fact that the property is "unfurnished", and certainly not the absence of an inventiry, have any bearing on the matter - eg many so-called unfurnished properties come with white goods provided.

    I'd go as far as to suggest that if you do remove the cooker, it could be construed as harassment, which might compromise your reposession proceedings.

    Just my non-trained opinion though - what do others reckon?

  6. #6
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    Quote Originally Posted by Ericthelobster View Post
    Hmm. I would have said yes, you do. If the tenant viewed and took on the property with a cooker in place, then you can't suddenly remove it now. I don't think the fact that the property is "unfurnished", and certainly not the absence of an inventiry, have any bearing on the matter - eg many so-called unfurnished properties come with white goods provided.

    I'd go as far as to suggest that if you do remove the cooker, it could be construed as harassment, which might compromise your reposession proceedings.

    Just my non-trained opinion though - what do others reckon?

    I would agree Ericthelobster. Besides, a tenant who is being this obstructive is hardly likely to agree for access to remove. If you enter to do the gas cert, that's a little different (albeit the T can still refuse access if they so choose and make you jump through a few more hoops) but I would have thought that if you book a gas cert and it's permitted to go ahead by the tenant that does not allow you to remove the cooker without agreeing that or mentioning that as part of the reason for the visit at the very least.

    I have a complete idiot of a tenant who is cheesing me off and I'm trying to get rid of but for my own protection I am happy to follow the law as I don't want him to be able to chuck anything back in my face (or for me to have to go to prison!).

    And to the OP. NO, you can't disconnect the gas supply or remove the fire or anything else of that nature. You can only have anything disconnected/capped off if they are dangerous but your S11 landlord repairing obligations continue regardless of whether the tenant is paying rent and thus they will need to be repaired or replaced. Games of that nature were ruled out by the law along time ago. If you do such things you are likely to find yourself in deep trouble.

  7. #7

    Default cooker or not?

    The cooker was not in the property when the T viewed. I supplied it afterwards in goodwill, it's freestanding and could easily be removed and or replaced. In fact it's the ease of removal that is concerning me as I suspect the T will find it's monetary value too tempting.
    The T already owes me more than the amount of the deposit so I wont be able to take the value of it out of the deposit.
    Good point about the harrassment issue, I think I will find a much cheaper electric one and swap them. T can still cook and I can keep my cooker.

    Thank you to all who offered advice.
    HR


    Quote Originally Posted by Ericthelobster View Post
    Hmm. I would have said yes, you do. If the tenant viewed and took on the property with a cooker in place, then you can't suddenly remove it now. I don't think the fact that the property is "unfurnished", and certainly not the absence of an inventiry, have any bearing on the matter - eg many so-called unfurnished properties come with white goods provided.

    I'd go as far as to suggest that if you do remove the cooker, it could be construed as harassment, which might compromise your reposession proceedings.

    Just my non-trained opinion though - what do others reckon?

  8. #8

    Default Apology

    Sorry MTG
    my earlier response sounded a little terse. I apologise and can only offer the excuse that dealing with this situation is causing me to worry a lot.

    On the cooker front. I have a T lined up for the very near future (as soon as this one can be gently removed). Taking the cooker out is a doddle as it's freestanding and storage is no problem. It is the legal position that concerns me should I be breaching some law by leaving the T without something to cook on. I've come to the conclusion that it would be circumspect to replace the cooker, albeit with something cheaper.

    Many thanks for your comments.
    HR



    Quote Originally Posted by mind the gap View Post
    Fine - but you didn't tell us all that in the first place!

    Bear in mind however, that if you are looking to re-let (depending on how easy you anticipate that will be - market forces &c) - your property may be more attractive to prospective tenants with a cooker, than without. Most unfurnished props these days have fitted kitchens in which built in hobs and ovens are standard. Not worth cutting off your nose to spite your face over?

    I suppose you could remove it and store it and replace when new Ts move in, but that would cost almost as much as a new cooker.

  9. #9
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    Yorkshire
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    Quote Originally Posted by HRNorthernlass View Post
    The cooker was not in the property when the T viewed. I supplied it afterwards in goodwill, it's freestanding and could easily be removed and or replaced. In fact it's the ease of removal that is concerning me as I suspect the T will find it's monetary value too tempting.
    The T already owes me more than the amount of the deposit so I wont be able to take the value of it out of the deposit.
    Good point about the harrassment issue, I think I will find a much cheaper electric one and swap them. T can still cook and I can keep my cooker.

    Thank you to all who offered advice.
    HR
    Don't forget, an electric one will need a different power cable and switched socket, etc, not just an ordinary one. If the wiring for an electric cooker is not there already it could cost a couple of hundred.

  10. #10
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    Quote Originally Posted by mind the gap View Post
    Don't forget, an electric one will need a different power cable and switched socket, etc, not just an ordinary one. If the wiring for an electric cooker is not there already it could cost a couple of hundred.

    I might be wrong here but switching the cooker is not as easy as the OP makes it sound aside from the potential wiring issue. Access to make the switch is the issue.

    Unless of course the tenant happily agrees to the switch.

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