Landlord and Tenant advice
For a long time Landlords and Agents have been unable to put a clause in a Tenancy Agreement stating that the tenant is responsible for maintaining solid fuel heating systems as this is described as a unfair contract term (Office of Fair Trading 2005). Therefore you cannot get your tenant to discharge your duty of care for you. (Unless a Court Order has been issued)
Should a chimney fire occur then many thousands of pounds could be lost in damage and loss of earning potential while the house is repaired. Not to mention any claim that a tenant may make.
If the landlord looks after a solid fuel appliance then they would have discharged their duty of care towards their tenants and would be keeping their own property safe from unnecessary fire risks and unwanted legal claims.
Remember as a landlord you have a legal duty of care to your tenant and as such blocked flues that subsequently cause death could result in the landlord being tried for criminal negligence or in extreme cases a manslaughter prosecution may arise.
It is the landlord's responsibility to make sure that the flue ways are cleaned annually by a qualified Chimney Sweep.
Should a chimney fire occur then many thousands of pounds could be lost in damage and loss of earning potential while the house is repaired. Not to mention any claim that a tenant may make.
If the landlord looks after a solid fuel appliance then they would have discharged their duty of care towards their tenants and would be keeping their own property safe from unnecessary fire risks and unwanted legal claims.
Remember as a landlord you have a legal duty of care to your tenant and as such blocked flues that subsequently cause death could result in the landlord being tried for criminal negligence or in extreme cases a manslaughter prosecution may arise.
It is the landlord's responsibility to make sure that the flue ways are cleaned annually by a qualified Chimney Sweep.
Failure to comply can lead to a civil penalty being imposed of up to £5,000. |
From the 1st October 2015 regulations require both smoke alarms and carbon monoxide alarms to be installed in rented residential accommodation. Changes are also made to the licence requirements in relation to houses in multiple occupation (HMOs), such as shared houses and bedsits which require a licence and also in relation to properties which are subject to selective licensing.
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Smoke Alarms
Likewise, during any period beginning on or after 1st October 2015 when the premises are occupied under a tenancy or a licence a carbon monoxide alarm must be provided by the landlord in any room in premises which is used wholly or partly as living accommodation which contains a solid fuel burning combustion appliance. This applies to any kind of wood burning stove or an open coal fire. It will also extend to equipment such as a solid fuel Aga in the kitchen. This is already a requirement with new installations of solid fuel burning combustion appliances as under Building Regulations there is a requirement to install a carbon monoxide alarm. This is now extended to any existing appliances already in place before Building Regulations imposed this requirement or where building regulations are not observed.
The Government has published some guidance based on the draft regulations which are available here these are designed to cover the most frequent questions for landlords.
