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For considering chimney sweeping in rental property, the starting point is that a landlord must keep the structure and exterior in repair under section 11 of the Landlord and Tenant Act 1985, and that duty cannot be contracted out of. There is also the separate duty to keep the dwelling fit for human habitation.
That matters because chimney and fireplace defects are not just cosmetic. They are part of the structure and sometimes the heating of the dwelling.
So if a chimney, flue or fireplace is unsafe, blocked, crumbling or otherwise defective, that is the landlord’s duty.
The same equivalent duties apply in Wales.
Yes, in principle. If the property has suitable alternative heating, a clear tenancy term saying the open fire or decorative fireplace must not be used is sensible. In fact, the government’s own Tenant Fees Act 2019 guidance expressly contemplates a tenancy agreement which “prohibits tenants from using a fireplace” (page 25):
Landlords have a duty to ensure the property is maintained safely and should consider the potential risks associated with chimneys. If the tenancy agreement prohibits tenants from using a fireplace or to have the chimney swept and the tenants failed to comply with the restriction or obligation and this constitutes a loss to the landlord i.e. causes damage or additional expense, the landlord may seek to recoup this loss from the tenancy deposit.
However, a no-use clause does not override repairing obligations. If the chimney stack, flue or fireplace creates a hazard, the landlord still has to deal with it. But where there is working central heating or other adequate space heating, prohibiting the use of an open fire is usually the cleanest risk-management option.
Usually, no.
The Tenant Fees Act guidance, at page 24, asks:
Q: Can I ask a tenant to pay for chimney sweeping services?
“No. Under the ban, landlords or letting agents cannot require tenants to pay for the services of a third party, including chimney sweeping services.”
So the safe view is that you cannot impose chimney sweeping as an automatic tenant charge. But if the tenant breaches a valid tenancy term and you can prove actual loss, that may be a damages claim or a deposit deduction.
The equivalent fees ban in Wales applies in the same way.
There is no statute prescribing a universal interval for domestic rented property. So this is a guidance and risk question, not a fixed legal timetable.
The official DEFRA / UK Air guidance says a chimney should be swept “at least once a year”. HETAS says at least twice a year when burning wood and at least once a year when burning smokeless fuels. NACS is more cautious again, suggesting wood and bituminous coal flues should be swept quarterly when in use.
If you are closing off a chimney, NACS recommends sweeping it first; otherwise, old soot deposits can contribute to dampness and staining.
Under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, a landlord must ensure there is a carbon monoxide alarm in any room used as living accommodation which contains a fixed combustion appliance other than a gas cooker. The same regulation also requires smoke alarms on each storey with living accommodation, checking alarms on the first day of a new tenancy, and repairing or replacing faulty alarms once reported.
If there is an open fire, log burner or other fixed combustion appliance in a living room, fit an alarm.
There are equivalent CO alarm duties under the fitness legislation applying to Wales.
For rented property in England or Wales, treat chimney sweeping as part of property safety management. If the fireplace is usable, inspect it, sweep it at sensible intervals, and fit the required CO alarm. If you do not want it used, state this clearly in the tenancy agreement and ensure the property has adequate alternative heating.