Who is responsible for paying for chimney sweep and birds nest removal?

Jakava

I have birds nesting in my unused, blocked off chimney. I haven't heard them for a while so I'm not sure if they are still there or are just out longer as it's Summer. I moved in last September and could hear them over my TV. They are so noisy.

I'm now getting brown moths and metalworm beetles in my house. Every day I wake up to 3 or 4 moths and 1 or 2 beetles wandering about. I'm terrified on any insects and it's getting me down.

I've researched both species online and they are both common in birds nests.

I've put duct tape around the board that's in place to block the chimney off (it had small gaps where it joins to the walls). This seems to have stopped the moths but not the beetles (I can't think of where else they can be coming from as I have no food stores). It's also stopped all the bird !!!!, dirt and debris from falling into the empty fireplace.

I mentioned this when I moved in last year in September. I'd been here a matter of days so they were quite clearly there before I moved in. I told the letting agent (who is honestly a complete moron and doesn't seem to know anything) there was birds in the chimney and was told she didn't know anything about it as she'd never dealt with it before.

I told them again when I signed my new contract in March. Again she said she hadn't dealt with it before and would look into it. Heard nothing back.

Now it does say in my contract that any pest control and chimney maintenance is my responsibility, but the problems was definitely there before I moved in.

I'm happy to spray bug spray and stuff but the real problem is the nests. Without removing them I won't be able to get rid of the insects and they will just keep coming back.

Would this be my responsibility or theirs to clear the chimney?

Davesnave

You have answered your own question: pest control and chimney sweeping are your responsibility, including dealing with the uncleaned chimney the last tenant left.

As it's an unused chimney, you can also leave it uncleaned at the end of your tenancy too, if you wish, because it hasn't formed part of the flat's inventory/condition check.

Keeping birds out of the chimney would mean fitting a cage cowl; something that could be done on a normal two storey house by some sweeps. Your landlord's agent would probably say that as no open fire or stove is provided, this isn't necessary, so you would have to meet the cost of this.

lookstraightahead

As a tenant I would directly tell the landlord and ask them what they wanted done. The pests were there before you move in - if you can prove this then I would say it's not your responsibility at all. Why would it be?

need_an_answer

lookstraightahead wrote: »

then I would say it's not your responsibility at all. Why would it be?

it would be the tenants responsibility because there is a clause in their tenancy agreement

Now it does say in my contract that "any pest control and chimney maintenance is my responsibility"


Tenancy agreements vary and some include it, some do not. that is why it is always advisable to read the agreement.

The tenancy agreements I supply for example bring chimney sweeping to my responsibility simply because I would rather know it has been done on an annual basis.

LadyDee

I would have moved in March - certainly not signed a new contract. You'll probably have to pay for it anyway as the landlord could claim the cost of clearing from your deposit, especially as your agreement puts the responsibility on you.

need_an_answer

Although if you can prove that the nest was there before you moved in via say the inventory then its perfectly reasonable to leave it and not remove it!!!!!!


Obviously a very long shot and very dependant on a very detailed inventory.

Sometimes an external photo of the house maybe available and its often only when you look closely that you see more of the photo than the initial subject.

Just a thought

00ec25

Jakava wrote: »

Now it does say in my contract that any pest control and chimney maintenance is my responsibility,

lookstraightahead wrote: »

I would say it's not your responsibility at all. Why would it be?

try reading the OP again

silvercar

00ec25 wrote: »

try reading the OP again

Just because something is written into a contract doesn't mean it is legal or enforceable. A tenancy agreement may specify that a tenant needs to give 6 months notice, this wouldn't be enforceable.

cajef

If there are birds actually nesting at the present time you will have to wait until the autumn before the nests can be removed, it is illegal to disturb any nesting birds.

https://www.rspb.org.uk/birds-and-wildlife/advice/wildlife-and-the-law/wildlife-and-countryside-act/

G_M

silvercar wrote: »

Just because something is written into a contract doesn't mean it is legal or enforceable. A tenancy agreement may specify that a tenant needs to give 6 months notice, this wouldn't be enforceable.

That is beause there is an Act of Parliament and/or established Common Law that specifies notice periods in tenancies.


I know of know such Act or CL regarding brds nests or chimneys.


Tha leaves Contract Law - and the contract seems clear.

00ec25

silvercar wrote: »

Just because something is written into a contract doesn't mean it is legal or enforceable. A tenancy agreement may specify that a tenant needs to give 6 months notice, this wouldn't be enforceable.

oh dear

do you read what is posted in context or do you just knee jerk?

in what way, shape, or form, is your comment related to a tenancy agreement which (apparently) specifically mentions impositions on the tenant which are NOT covered by statute law?