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

The specific part of the Landlord and Tenant Act 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?

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

Yup, that’s it, that’s the culprit causing landlords and even legal minds to swing their handbags. It’s mayhem!

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, Section 10 (Fitness for human habitation), including the part about cooking facilities, has always been in the Landlord and Tenant Act (or at least, for decades), but it had certain restrictions that meant it basically applied to no one. It’s clearly included in the 1991 version of the Landlord and Tenant Act.

However, the Homes (Fitness for Human Habitation) Act 2018, which is the latest amendment to Section 10, dropped the restrictions and made it mandatory for every private landlord in England as of 2019. Reason I felt this needed clarification is because I’ve read articles implying that the Fitness for human habitation act was introduced in 2019, when that isn’t technically the case.

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, I’m one of those individuals struggling to come to terms with X). So when they drop knowledge, I’m all in with confidence.

Giles Peaker, “a leading and very experienced housing lawyer” of 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 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 view that 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 state,

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, specifically clause 16.17

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 HHSRS in his comment on the nearlylegal.co.uk blog post, pointing out that’s what is required and meant by the excerpt in question.

Yup, I’m pretty confident sure 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, despite what others say, including the vast majority of comments in this thread on Property118 (which I’m mentioning because it ranks quite highly for the search term “do landlords need to provide a cooker?” in Google). They seem to be completely opposed to Giles Peaker’s – an actual housing lawyer – interpretation of the law.

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

Update: I stand somewhat corrected. I’ve been notified that Giles Peaker isn’t just a top-notch housing lawyer, but he also actually co-drafted the Homes (Fitness for Human Habitation) Bill (refer to comment #1 in this blog post).

Blimey! How about that?

Well then, what the hell are we squabbling about here? *mic drop*

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 weren’t included, and in most cases, quite repelling to tenants since it’s another relatively hefty expense they’d have to bear. 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, and you probably don’t want a tenant installing a cooker and hob, especially if it’s not freestanding.

That’s just my opinion.

Right, hope that’s cleared it up.

Landlord out xo