Besides places with fireplaces normally charge a higher rent. As you have not had it cleaned you should pay for it this time.
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Unless the lease provides differently I must agree with Ted that it appears the tenants are responsible to clean the dirt they created in using the fireplace.
Landlord or tenant responsible for chimney cleaning. Or on an as-needed basis eg. Under Section 11 of the Landlord and Tenant Act 1985 the Landlord is legally responsible for ensuring the safety working and servicing of all heating and hot water installations. Think about it if a landlord has been warned about a malfunctioning chimney and a subsequent chimney fire burns down half the neighborhood who is going to be sued.
But we get tired of the Landlord asking us to clean the chimney at our expense every year. Who is responsible for cleaning my chimney me or my landlord. Posted on Nov 12 2010.
What does your lease say. The landlord is responsible for keeping those amenities in safe working order. There arises a question that if cleaning is the responsibility of the landlord or the previous tenant.
At least thats what your landlord will tell you. I would think that a Fireplace would be an tangible amenity just like a dishwasher refrigerator stove hot water heater and toilet. Answered on 110407 909 pm.
Although the wording can seem ambiguous this also refers to open fires Rayburns Agas coal and wood burning stoves. Most municipalities have local building codes and state laws that lay out standards for the construction maintenance and living standards of rental units. Hardwood burns hotter and lasts longer and is cleaner.
If we have to draw a line somewhere then it has to be that the tenant shall leave the property in good condition but it is the landlords responsibility. Since there is nothing in the written lease and tenant has used the chimney I think the tenant should pay. I think this is tenants responsibility just as cleaning a bath tub would be or the kitchen sink.
Well the tenant must do a thorough cleaning before leaving the apartment and shall return the property in the condition in which heshe received in the first place. My apartment fills with smoke. If youve ever seen Mary Poppins the answer to your first question is easyDick Van Dyke of course.
If there is nothing about gardens in the tenancy agreement you. If my landlord how often are they expectedrequired to clean it. If they stop working the landlord by law has to repair them.
Chimney cleanings and inspections are 90-110. So if a fireplace is part of an amenity wouldnt the landlord be responsible for keep the chimney clean. All this said a landlord could have some serious exposure if they denied a tenants request to have it cleaned and there is a subsequent chimney.
If the lease is silent but contains a general clause saying the tenant is responsible for repairs and maintenance inside the premises then its the tenant. Landlords are responsible for providing a safe clean and healthy living environment for their tenants. Chimney cleaning is generally considered the responsibility of the landlord as maintenance of the property unless the tenant has carelessly or intentionally caused the need for cleaning.
A dangerous fireplace can be a health and safety hazard as well as a building code violation. While fireplaces arent primary sources of heat their maintenance repair and inspections are the responsibility of the landlord. The landlord is also forbidden from using a lease to shift.
As a tenant Id expect the landlord to provide a swept chimney. At least thats what your landlord will tell you. Therefore when considering that the landlord of a rented property has a legal responsibility1 to maintain on behalf of the tenant the gas heating system in a rented property including flues and ventilation associated with the gas heating appliance the issue of who is responsible for maintaining fire appliances and chimneys flues to expel dangerous gases becomes less ambiguous.
Garden maintenance or lack thereof is a major bone of contention between landlords and tenants at the end of a tenancy. The Residential Tenancies Act 2006 prescribed the mandate that a landlord is responsible for general property maintenance such as lawn care snow shoveling eavestrough cleaning among other things. A fireplace be.
As with any tenant obligation landlordsagents should ensure that the deposit use clause in the tenancy agreement allows deductions to be made from the deposit if the tenant fails to clean the chimney as required. Is it interval based eg. However the tenant could be made responsible for the cleaning during their tenancy as they use it.
Some attorneys sell unbundled legal services. If the tenant is not responsible for the cleaning of the chimney as per the tenancy agreement they may be required to give access to the landlordagent or their contractor if cleaning is. If the lease says its the Landlord then its the landlord.
The law states that it is the responsibility of the landlord be that a local authority housing dept. Be advised however that many times when a chimney is cleaned the chimney sweep will recommend additional maintenance that most likely is the responsibility of the landlord. The outcome of any dispute will usually be dictated by whats in the tenancy agreement so its vital you have a clause that clearly states what the tenant is responsible for in terms of garden maintenance.
Rather I believe the landlord has the obligation to keep the chimney useable and safe which presumably includes periodically cleaning it as needed. Who is responsible for the sweeping of a chimney the landlord or the tenant are incorrect. Major repair is the landlords responsibility.
This responsibility includes all flues and ventilation therefore under this Act it is the Landlords responsibility to have all chimneys. Or a private landlord to maintain the heating system in a dwelling includsing any flue or ventilation associated. Obviously a tenant who uses it daily will need cleaning more frequently than one who only uses the fireplace twice a month and the frequency of your maintenance obligation varies accordingly.
Its best to sweep a chimney at least annually AND to comply with the other regular cleaning tasks eg removal cleaning of baffle plate at more frequent intervals. Landlord is responsible All the above answers to the question ie. If you cannot reach an agreement with your tenants about who is responsible either party can apply to the Tenancy Tribunal to have the matter resolved.
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