Case law provides that having a chimney swept during a tenancy is the tenant’s responsibility (Warren V Keen (1954)) but how often should it be done?

The Guild of Master Chimney Sweeps provides the frequencies below for guidance. Frequency will depend on a number of factors including: Type of fuel, appliance used, duration of use, moisture content of wood fuel, type of chimney. Your Guild sweep will be able to advise on sweeping frequency during the appointment, the sweeping frequencies below are for guidance.

Tenants, when was the last time you had your chimney swept? Landlords, do you monitor that your tenants are keeping the chimney clean and if so how?

In the first instance check what it says in your Tenancy Agreement as to what you agreed regarding landlord access to the property. Beyond that the key pieces of legislation that cover landlord access are as follows:

Landlord and Tenant Act 1985 S9A (7) & (8) – There is an implied covenant by the lessee that the lessor, or a person authorised in writing by the lessor, may enter the dwelling for the purpose of viewing its condition and state of repair. to the dwelling to be permitted only at reasonable times of the day and only if at least 24 hours’ notice in writing has been given to the occupier of the dwelling.

Landlord and Tenant Act 1985 S11 (6) Repairing obligations – In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair.

Housing Act 1988 S16 It shall be an implied term of every assured tenancy that the tenant shall afford to the landlord access to the dwelling-house let on the tenancy and all reasonable facilities for executing therein any repairs which the landlord is entitled to execute.

Have you had problems accessing the property or problems with your landlord just turning up unannounced?

This press release from DECC suggests that from April 2018 the government will make it unlawful to rent out a house or business premise which has less than an “E” energy efficiency rating – http://www.decc.gov.uk/en/content/cms/news/pn11_40/pn11_40.aspx