Renting a house with open fire

The_Logans

Hello, we are in the process of letting our house out. What I have been unable to find a strict answer on is who is responsible for getting the chimneys swept? Would that be us as landlords, or should we include it in the tenancy agreement for the tenants to do? Obviously the chimneys have been swept this winter (we do it around September usually) so they are good to go when the tenants move in.

antrobus

The_Logans wrote: »

Hello, we are in the process of letting our house out. What I have been unable to find a strict answer on is who is responsible for getting the chimneys swept? Would that be us as landlords, or should we include it in the tenancy agreement for the tenants to do? Obviously the chimneys have been swept this winter (we do it around September usually) so they are good to go when the tenants move in.

Apparently you are, under s11 Landlord and Tenant Act 1985, whch makes the landlord legally responsible for "ensuring the safety, working and servicing of all heating and hot water installations".

http://www.piccoloproperty.co.uk/blog/2015/jan/08/who-responsible-having-chimney-swept-rental-proper/

G_M

I vaguely recall a thread ages back which concluded that it depended on the contract. If the tenancy agreement made the tenant responsible, then the LL did not have to sweep.

However antrobus's reference to the 85 Act seems pertinent and I'd advise you to do an annual (bi-annual?) sweep. And provide/maintain a CO alarm. I'd also provide a decent fire guard!

The cost is negligible and both you and the tenants will sleep easy.

The_Logans

G_M wrote: »

I vaguely recall a thread ages back which concluded that it depended on the contract. If the tenancy agreement made the tenant responsible, then the LL did not have to sweep.

However antrobus's reference to the 85 Act seems pertinent and I'd advise you to do an annual (bi-annual?) sweep. And provide/maintain a CO alarm. I'd also provide a decent fire guard!

The cost is negligible and both you and the tenants will sleep easy.

Thank you, I think we will just put in the contract that we require annual access for chimney sweeping. We already have the CO alarms and a fire guard in place.

The_Logans

antrobus wrote: »

Apparently you are, under s11 Landlord and Tenant Act 1985, whch makes the landlord legally responsible for "ensuring the safety, working and servicing of all heating and hot water installations".

http://www.piccoloproperty.co.uk/blog/2015/jan/08/who-responsible-having-chimney-swept-rental-proper/

Brilliant, thank you!

LEJC

Is the open fire the only source of heating in that room?

We have a rental that has an open fire and when we considered everything felt it was easier to write into the tenancy agreement that the fire was for decorative purposes only.

We started to think around things like tenants burning wood or other items that may spit and damage surrounding carpets if the fire guard was not used correctly....and also as the property was to be occupied by a family we were concerned that young children and open fires are not always best placed.

You may also need to consider the potential added fire risk and whether it needs to be declared on your buildings insurance.
Many rental properties dissuade even the use of candles so unless you are confident that the tenant can manage the fire correctly and safely I would potentially leave it to the central heating to provide warmth.

booksurr

shalomebony wrote: »

Haha, think they make it up as they go along! The last property I rented had an open fire which the landlord said they were responsible for sweeping and checking once a year, alongside a fire and CO alarms check, whilst my current landlord states that I am responsible for sweeping the chimney!

That's fine. I am happy with that, but I make sure I book a bi-annual chimney service that includes a safety check: if it fails, it is then up to the landlord to make good the flue.

"they" do not make it up

they offer you a contract with certain terms in it. You are free to decline those terms and get somewhere else instead.

bobobski

LEJC wrote: »

We have a rental that has an open fire and when we considered everything felt it was easier to write into the tenancy agreement that the fire was for decorative purposes only.

Just a comment from a tenant's perspective: I'd be pretty annoyed if I only found out that I wasn't allowed to use the fire once I received the lease (i.e. after I'd started paying agents' fees etc). I do hope you made it clear on the advert that the fire was not to be used. I grew up in a house which had two functioning open fires and I was allowed to put wood on, poke around, even light the fire etc from a very young age so I am perfectly capable of using an open fire safely and as it harks back to more innocent times it would be a massive draw for me in a rental house. But if a landlord/agent took some of my money before telling me I couldn't use it, I would be very unhappy. Unhappy is not how you want the person living in your house - with the fire you don't want them to use - to be...

That got dark quickly, sorry! For context, I'm currently in a rental which doesn't permit candles, with a lit candle

The_Logans

LEJC wrote: »

Is the open fire the only source of heating in that room?

We have a rental that has an open fire and when we considered everything felt it was easier to write into the tenancy agreement that the fire was for decorative purposes only.

We started to think around things like tenants burning wood or other items that may spit and damage surrounding carpets if the fire guard was not used correctly....and also as the property was to be occupied by a family we were concerned that young children and open fires are not always best placed.

You may also need to consider the potential added fire risk and whether it needs to be declared on your buildings insurance.
Many rental properties dissuade even the use of candles so unless you are confident that the tenant can manage the fire correctly and safely I would potentially leave it to the central heating to provide warmth.

I don't mind letting them use it, it's a period property and the open fire and log burner are major selling points. The tenants due to move in do have kids but they're not little ones.

LEJC

bobobski wrote: »

Just a comment from a tenant's perspective: I'd be pretty annoyed if I only found out that I wasn't allowed to use the fire once I received the lease (i.e. after I'd started paying agents' fees etc). I do hope you made it clear on the advert that the fire was not to be used. I grew up in a house which had two functioning open fires and I was allowed to put wood on, poke around, even light the fire etc from a very young age so I am perfectly capable of using an open fire safely and as it harks back to more innocent times it would be a massive draw for me in a rental house. But if a landlord/agent took some of my money before telling me I couldn't use it, I would be very unhappy. Unhappy is not how you want the person living in your house - with the fire you don't want them to use - to be...

That got dark quickly, sorry! For context, I'm currently in a rental which doesn't permit candles, with a lit candle

Rest assured my letting agent clearly advises all prospective tenants when viewing and I have had no adverse comments from tenants regarding not being able to use it.
I am taking a wild guess that it would be far harder to rent the property out if we had not installed central heating and left the open fire as the only heat source.
The property is also not rural and whilst built in the victorian era when open fires were a source of warmth...now its much less common to see them on a suburban street....smokeless coal too has sadly dampened the roar of fires over time imo....I'm guessing you too grew up in an era where good old fashioned coal was shovelled on to create a good flame...so whatever romantic or past view we may have over an open fire,an open fire in a smokeless zone is never going to match what we have grown up with!

I too actually grew up in the house and probably like yourself is very adept at lighting and maintaining a fire,but not everyone sees it as plus point.
The room has a more than adequate seperate form of heating which is far more efficient than the open fire which in lots of peoples mind is now not considered a thing that is used daily....just how many people get up at the crack of dawn and light the fire,after cleaning away yesterdays ashes....its far easier to temperature control your central heating!
I admit an open fire is nice in the winter months....I have 2 in my own property,but again its only something that we use when time permits and usually at christmas.

I must say your comments did seem a little personally directed at me which did seem strange as I was only giving a perspective to the OP that they may not have considered,prior to letting out their home.
I particularly picked up on your "harks back to innocent times and would have been a massive draw...."does that also include the same era where the house may have contained an outside loo?
Again...rest assured we now have a fully functioning bathroom.
We did remove the anderson shelter some years back and again thankfully that hasn't caused any tenant to be dissuaded from renting the property,

Of course I don't want unhappy tenants and I certainly am not out to lure tenants with the prospect of an open fire then remove the privilege at the signing of the tenancy agreement , they do indeed have very good communication channels with me and can discuss any issues,open fire related or otherwise.

Enjoy your candle.

bobobski

LEJC wrote: »

Rest assured my letting agent clearly advises all prospective tenants when viewing and I have had no adverse comments from tenants regarding not being able to use it.
I am taking a wild guess that it would be far harder to rent the property out if we had not installed central heating and left the open fire as the only heat source.
The property is also not rural and whilst built in the victorian era when open fires were a source of warmth...now its much less common to see them on a suburban street....smokeless coal too has sadly dampened the roar of fires over time imo....I'm guessing you too grew up in an era where good old fashioned coal was shovelled on to create a good flame...so whatever romantic or past view we may have over an open fire,an open fire in a smokeless zone is never going to match what we have grown up with!

I too actually grew up in the house and probably like yourself is very adept at lighting and maintaining a fire,but not everyone sees it as plus point.
The room has a more than adequate seperate form of heating which is far more efficient than the open fire which in lots of peoples mind is now not considered a thing that is used daily....just how many people get up at the crack of dawn and light the fire,after cleaning away yesterdays ashes....its far easier to temperature control your central heating!
I admit an open fire is nice in the winter months....I have 2 in my own property,but again its only something that we use when time permits and usually at christmas.

I must say your comments did seem a little personally directed at me which did seem strange as I was only giving a perspective to the OP that they may not have considered,prior to letting out their home.
I particularly picked up on your "harks back to innocent times and would have been a massive draw...."does that also include the same era where the house may have contained an outside loo?
Again...rest assured we now have a fully functioning bathroom.
We did remove the anderson shelter some years back and again thankfully that hasn't caused any tenant to be dissuaded from renting the property,

Of course I don't want unhappy tenants and I certainly am not out to lure tenants with the prospect of an open fire then remove the privilege at the signing of the tenancy agreement , they do indeed have very good communication channels with me and can discuss any issues,open fire related or otherwise.

Enjoy your candle.

Just offering some friendly, albeit evidently unwanted, advice And although I may appear wise beyond my years, I'm in my 20s - no outside loo and no good old fashioned coal