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Chimney needs sweeping - who pays?

Tenant or landlord?

Comments

  • poppy10_2
    poppy10_2 Posts: 6,588 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    poppysarah wrote: »
    Tenant or landlord?
    What does the contract say?
    poppy10
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    If it doesn't mention it at all ...?
  • Chimney sweeping is part and parcel of annual house maintenance and arguably of gas safety, so I'd say it was your landlord's expense.
  • sooz
    sooz Posts: 4,560 Forumite
    Really depends on the contract & also if you use the chimney.

    Arla contracts state tenant's responsibility to have them cleaned once every 9 months if used - if the fire place has been removed, there is little point.
  • theartfullodger
    theartfullodger Posts: 15,779 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Unless agreed otherwise, the Tenant is responsible.

    Lord Denning so held - see

    http://www.letlink.co.uk/articles/disrepair/repairs-the-responsibilities-of-the-landlord-and-tenant.html

    Cheers!!

    Artful - Blimey, worked out how to copy 'n paste a link from my 'phone...
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    The house is heated only by a wood burner. It does the hot water too.

    Does that make a difference?
  • may_fair
    may_fair Posts: 713 Forumite
    edited 28 July 2011 at 12:43PM
    As artful says, this is easily answered by Lord Denning's famous description of tenant-like behaviour in the judgment in

    Warren v Keen [1954] 1 QB 15 / [1953] 2 All ER 1118, CA

    In it, Denning LJ stated:
    What does "to use the premises in a tenant-like manner" mean ? ..The tenant must take proper care of the place. He must, if he is going away for the winter, turn off the water and empty the boiler. He must clean the chimneys, when necessary and also the windows. He must mend the electric light when it fuses. He must unstop the sink when it is blocked by his waste. In short, he must do those little jobs about the place which a reasonable tenant would do. In addition, he must, of course, not damage the house wilfully or negligently; and he must see that his family and guests do not damage it; and if they do, he must repair it. But apart from such things, if the house falls out of repair owing to fair wear and tear, lapse of time or for any reason not caused by him, then he will not be liable to repair it.
This discussion has been closed.
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