For a long time Landlords / agents have been unable to put a clause in a tenancy agreement stating that the tenant is responsible for maintaining solid fuel heating systems as this is described as a unfair contract term (Office of fair trading 2005). So you cannot get your tenant to discharge your duty of care for you. (Unless a court order has been issued)
Should a chimney fire occur then many thousands of pounds could be lost in damage and loss of earning potential while the house is repaired. Not to mention any claim that a tenant may make.
If the landlord looks after a solid fuel appliance then they would have discharged their duty of care towards their tenants and would be keeping their own property safe from unnecessary fire risks and unwanted legal claims.
Remember as a landlord you have a legal duty of care to your tenant/s and as such blocked flues that subsequently cause death could result in the landlord being tried for criminal negligence or in extreme cases a manslaughter prosecution may arise.
From the 1st October 2015, regulations require both smoke alarms and carbon monoxide alarms to be installed in rented residential accommodation. The Regulations apply both to houses and flats. Failure to comply can lead to a civil penalty being imposed of up to £5,000. Check the new legislation here.
During any period beginning on or after 1st October 2015 while the premises are occupied under a tenancy (or licence) the landlord must ensure that a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly as living accommodation. This means that a smoke alarm must be provided in working order on each storey. As regards individual flats located on one floor then there will have to be at least one alarm within the flat itself or alternatively are provided outside the flat on the same floor of the building, i.e. a communal alarm.
During any period beginning on or after 1st October 2015 when the premises are occupied under a tenancy or a licence a carbon monoxide alarm must be provided by the landlord in any room in premises which is used wholly or partly as living accommodation which contains a solid fuel burning combustion appliance. This applies to any kind of wood burning stove or an open coal fire. It will also extend to equipment such as a solid fuel Aga in the kitchen. This is already a requirement with new installations of solid fuel burning combustion appliances. This is now extended to any existing appliances already in place before Building Regulations imposed this requirement.
WHICH TYPE OF ALARM IS REQUIRED
The Regulations do not stipulate what kind of alarm is required. Ideally it should be a hard wired alarm system. It can, however, be a single stand alone alarm. Landlords are recommended by the to fit ten year long life non-tamper proof alarms, otherwise there is a problem of batteries being taken out and not being replaced.
WE FIT ALARMS
We fit carbon monoxide alarms in compliance with building regulations, just tell us when booking an appointment.