The experts have received a query from a tenant regarding a broken oven in his rental property.
The reader says the repairs would be rather costly and asks whether he would be permitted to replace the oven rather than fix it and deduct the costs from his rental payments.
See the reader’s question here.
The reader has not made it clear whether this is a typical residential lease scenario or a commercial one.
This makes a difference as the Rental Housing Act applies, in general, to residential leases and sets out certain rights and duties for both landlord and tenant.
It sounds as though the reader possibly accepts a portion of the responsibility for the oven repairs but not for replacing it entirely.
We are not told how the oven broke but it more than likely occurred during the lease, as this is something that should have been addressed as part of the initial inspection of the premises under the Act.
Similarly, the Act provides for the premises to be reasonably fit for habitation.
Although, it’s debatable whether a working oven would swing this aspect one way or the other if the rest of the premises is suitable.
The regulations to the Act place a burden on the landlord to effect certain repairs to electrical and other systems, as identified in the lease agreement.
The reader should therefore take a close look at his lease to determine where liability for the oven lies.
Should the landlord be responsible, the repair must be carried out within 14 days of being notified.
If the leased property is commercial in nature, the lease agreement is the first place the reader should look to determine liability.
The lease should address aspects such as the replacement and repair of appliances.
It would not be advisable for the reader to merely take an irregular step outside the lease agreement or, if applicable, the Act.
Something like deducting repairs from his rental payments could trigger a remedy on the part of the landlord, particularly in the case of a commercial lease.
Depending on the purpose of the premises, a working oven could form an integral component of the lease.
A lease agreement often provides for rental to be paid without deduction, so withholding the rental could constitute a breach.
Similarly, in the case of a residential lease, if the agreement provides that the landlord must repair the oven, the reader doing so and withholding rental payments could constitute an unfair practice under the Act.
This would thus allow the landlord a remedy.
The landlord should be able to properly satisfy himself as to the necessity for the repair and the associated cost before making a decision on whether or not the oven should be replaced.
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