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

Ladies and gents, we have an ongoing debate on our hands, and admittedly, it’s about as thrilling and lively as a lump of coal. But it’s a debate that I often see rearing its ugly head, and to be honest, I understand why.

There seems to be some confusion on whether private Landlords [in England] are legally obligated to supply cooking appliances, specifically an oven and/or hob.

The confusion stems from a seemingly ambiguous detail in Section 10 (Fitness for human habitation) of the Landlord and Tenant Act 1985, which states that in order to determine whether a house is unfit for human habitation (which is obviously a big no-no), it [the legislation] will consider “facilities for preparation and cooking of food…”

So does that mean landlords need to provide cooking appliances, and a failure to do so will be considered a breach?

For those who fall into the category of regular folks, happily oblivious to the confusion over the legal waffle, and just wondering if it’s a necessity, then you’re also in the right place.

Whichever the case may be, let’s break it down and find a conclusion…

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

Here’s what Section 10(1) (Fitness for human habitation) states:

In determining for the purposes of this Act whether a house or dwelling is unfit for human habitation, regard shall be had to its condition in respect of the following matters –

• repair,
• stability,
• freedom from damp,
• internal arrangement,
• natural lighting,
• ventilation,
• water supply,
• drainage and sanitary conveniences,
• facilities for preparation and cooking of food and for the disposal of waste water;
• in relation to a dwelling in England, any prescribed hazard;

and the house or dwelling shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.

Do you see it?

Yup, that’s it, that’s the turkey…

facilities for preparation and cooking of food and for the disposal of waste water;

That’s the culprit, causing landlords and even legal minds to mindlessly hurl their handbags.

Some have interpreted the excerpt as if the Act imposes a requirement for landlords to supply cooking appliances, while others hold a different view.

Objectively, I understand the confusion.

On a side note, many seem to believe that Section 10, specifically the part about cooking facilities, was introduced as part of the Homes (Fitness for Human Habitation) Act 2018 (which is the latest amendment to Section 10 to date), so they’ve argued it’s a relatively new requirement.

Yeah, I don’t think so.

It’s clearly included in the 1991 version of the Landlord and Tenant Act. However, there was a small amendment inserted in 2019 (as part of the Homes (Fitness for Human Habitation) Act 2018), which made Section 10 exclusive to dwellings in England.

In other words, post-2019, the following was added to Section 10, while pretty much everything else was there before:

in relation to a dwelling in England, any prescribed hazard;

I can only assume that people started paying attention to Section 10 after the 2019 amendment, and then presumed it was introduced then, without looking at earlier versions of the section.

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

First, let’s get a true expert’s take on the matter (needless to say, I’m not one of those, so all the usual ‘don’t take my word for it’ disclaimers most definitely apply).

There are very few experts, legal or otherwise, in this industry that I consider to be a trusting voice. At least, out of the prominent one’s I follow on Twitter (yup, getting to grips with X is an ongoing mental battle). So when they drop knowledge, I’m all in with confidence.

Giles Peaker, “a leading and very experienced housing lawyer” from the highly reputable law firm Anthony Gold, is one of them.

In the dull and unglamorous world of housing law, he appears to be at the top of the pecking order.

He answered the question in this blog post on nearlylegal.co.uk in the comments section, after someone specifically asked him what “facilities for preparation and cooking of food” means in reality in terms of what needs to be supplied.

In short, Giles made it clear that the Landlord and Tenant Act 1985 does NOT legally obligate landlords into providing their tenants with cooking appliances, but rather, they must provide practical space which enables the occupants to safely prepare and cook food:

That 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

He also more recently provided a decisive response to the same question posed by experienced landlord, Mary Latham, on Twitter (who also clearly recognises Giles as the horse with the mouth):

I agree with Mary, I also believe Section 10 has been taken out of context.

The stance that a cooking appliances do not need to provided makes logical sense; I say that because Section 10 is fundamentally concerned with health and safety, hence the apt term “fit for human habitation.” According to the government’s own words, this means the rental property should be “safe, healthy, and free from things that could cause you or anyone else in your household serious harm.”, making it clear, at least to me, that the focus is not on supplying equipment but on ensuring the overall safety and well-being of occupants.

Moreover, in the gov issued Guide for landlords: Homes (Fitness for Human Habitation) Act 2018, it does, in layman terms state that a possible factor rendering a property unfit for human habitation is if it’s “difficult to prepare and cook food or wash up”

The guide also states,

It is for the courts to decide whether the dwelling is fit for human habitation. A Housing Health and Safety Rating System (HHSRS) assessment is not necessary. However, a landlord might choose to carry out an assessment if they want to establish whether a serious health and safety hazard is present.

Now, if we look at the Housing Health and Safety Rating System (HHSRS) operating guide, clause 16.17 states,

There should be space for the installation of cooking facilities sufficient to take facilities of adequate size for the household, with appropriate connections for fuel.

Giles Peaker also referenced this point in his comment on the nearlylegal.co.uk blog post.

Yup, I’m pretty confident landlords in England don’t need to provide cooking appliances such as ovens or hobs, especially under Section 10 of the Landlord and Tenant Act 1985, despite what others say, including the vast majority of comments in this thread on Property118 (which ranks quite highly for the search term “do landlords need to provide a cooker?”, may I add), that seem to be completely opposed to Giles Peaker’s – an actual housing solicitor – interpretation of the law.

Oh, the irony. And what a pompous-arse response (even if he is right, which he isn’t).

Should landlords provide cooking appliances?

Now, this is a different issue altogether.

I’m not talking from a legal perspective here – we’ve established it’s not a legal obligation – but what about from an ethical standpoint, for the sake of being a reasonable landlord?

I’ve personally never been under the impression that landlords are legally obligated to provide cooking appliances, but even so, I’ve always provided, at the very least, an oven and a hob. That’s the bare minimum. I think it would be strange and abruptly noticeable if those appliances not to be included, and in most cases, quite repelling to tenants, as it’s another significant expense they’d need to consider. From my experience, most landlords provide some cooking appliances, so to go without wouldn’t go unnoticed.

Plus, above all, it would be proper stingy not to. You probably don’t want a tenant installing an cooker and hob anyways, especially if it’s not freestanding.

That’s just my opinion.

Right, hope that’s cleared it up.

Landlord out xo