Solid fuel and Rented houses – Who is responsible and what do you need to know? 

Within Section 11 of the Landlord and Tenant Act 1985 it states that the landlord is responsible “to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.” Although the wording isn’t so straight forward, this refers to any heating and hot water installation, such as Agas, Rayburns, any multi fuel or wood burning stove…even open fires. This responsibility includes all flues, chimneys and any ventilation.

Before a new tenancy begins, it is the landlord’s responsibility to make sure that all chimneys and flues are safe to use. This means obtaining a certificate from a certified chimney sweep, evidencing that any chimneys/flues are not obstructed in any way, and they provide the correct ventilation to be used safely.

Commonly in the past, landlords would pass the responsibility of getting the chimney/flue swept onto their tenants. However due to the Tenant Fees Act 2019, landlords or letting agents can no longer require tenants to pay for the services of a third party, including chimney sweeping services.

As a landlord it is your responsibility to ensure the property is maintained safely and you should consider the potential risks associated with working chimneys. Therefore, it is pertinent to have all chimneys/flues swept annually. In the event of a fire, lack of up-to-date certificates and/or receipts may invalidate your insurance policy, resulting in hefty expenses for any damage to the property or the contents.

We must also note that in the guidance Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, landlords are also responsible for ensuring that carbon monoxide detectors are equipped in any room used as living accommodation which contains a fixed combustion appliance. These regulations require checks to be carried out, ensuring each prescribed alarm is in correct working order on the day the tenancy commences.  As the landlord you must ensure these are then repaired or replaced once informed that they are faulty.

If you need support with your responsibilities and compliance as a landlord, give us a call today.

Vicki Doran
Lettings Coordinator 

Office Tel: 01995 603180
Email: vicki@abarnett.co.uk

Landlord and Tenant Act (1985)
Tenant Fees Act (2019)
Smoke and Carbon Monoxide Alarm (Amendment) Regulations (2022)


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