Dealing with Chimneys in Rented Property: Requirements for Landlords and Letting Agents
Maintaining a safe and habitable property is a fundamental responsibility for Landlords and letting agents in England.
One key aspect of this maintenance, which is sometimes overlooked, involves chimneys and flues in rented properties. Ensuring they are in safe working order is not only vital for tenant safety but also a legal requirement under several pieces of legislation.
Key Legal Responsibilities
1. Under Section 11 of the Landlord and Tenant Act 1985, Landlords are responsible for ensuring that the structure and exterior of the property, including installations for heating and ventilation, are kept in good repair. This includes chimneys and flues. If a chimney forms part of the heating system (such as in an open fire or solid-fuel burner), it is essential to maintain it in a safe, working condition. A failure to do so can result in legal consequences if tenants experience harm or injury due to poor chimney maintenance.
2. The Health and Safety at Work etc. Act 1974
While this legislation primarily governs workplace safety, it is applicable to rented properties where contractors are employed to carry out repairs or maintenance on chimneys or other parts of the property. Landlords and letting agents must ensure that any work done on the chimney is carried out by competent individuals to avoid the risk of fire or carbon monoxide poisoning.
3. The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (2020)
These regulations require that every rented property in England must have at least one smoke alarm on every storey, and a carbon monoxide alarm must be installed in any room where there is a solid-fuel-burning appliance, such as a wood-burning stove or coal fire and in the vicinity of a gas boiler . Regular chimney sweeping and maintenance reduce the risk of fire and carbon monoxide build-up, making this a critical area of concern for Landlords.
4. The Gas Safety (Installation and Use) Regulations 1998
If the chimney is connected to a gas appliance, it must comply with the Gas Safety (Installation and Use) Regulations 1998. These regulations require an annual gas safety check, conducted by a Gas Safe registered engineer. The flue and chimney are an integral part of the gas appliance, and the inspection ensures they are operating correctly, without blockages or leaks that could pose a danger to tenants.
Best Practices for Chimney Maintenance
In addition to the legal requirements, there are best practices that should be followed to ensure chimneys in rented properties are safe:
•Annual Chimney Sweeping: For properties with solid-fuel fires, chimneys should be swept at least once a year, and potentially more frequently, depending on the type of fuel used and how often the fire is in use. Chimney sweeping helps prevent soot build-up and reduces the risk of chimney fires.
• Regular Inspections: Even if a chimney is not used often, regular visual inspections should be conducted to check for blockages, animal nests, or structural damage.
• Tenant Awareness: Tenants should be informed of their responsibilities when using fireplaces or solid-fuel-burning appliances. This includes ensuring proper ventilation, using appropriate fuels, and reporting any concerns, such as smoke not drawing properly.
Consequences of Non-Compliance
Failing to maintain chimneys in a rented property can lead to significant legal and financial consequences for Landlords and letting agents. If a tenant is harmed due to poor chimney maintenance, the Landlord may be held liable under the Landlord and Tenant Act 1985. Furthermore, non-compliance with gas safety regulations can result in fines and legal action. Insurance claims may also be invalidated if proper chimney maintenance has not been carried out.
By staying compliant with the latest regulations and maintaining a proactive approach to chimney care, Landlords and letting agents can fulfil their legal duties and provide safe, comfortable homes for their tenants.