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Open fire and chimney question

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  • 16-09-2013 2:55pm
    #1
    Moderators, Society & Culture Moderators Posts: 30,657 Mod ✭✭✭✭


    We moved into a house a few months ago that has an open fire place. There is no fire guard or equipment (poker, etc) in the house. We've arranged to get the chimney swept, but a friend of mine who is a landlord said that our landlord is responsible for paying for chimney sweeping and providing a fireguard.

    I don't mind paying for it myself, but if our landlord is technically responsible for it, I'd obviously rather he paid for it. I can't see anything in my lease either way, so I just wanted to check what the consensus is here before I say anything to him.


Comments

  • Registered Users Posts: 13,381 ✭✭✭✭Paulw


    I would have expected that the chimney cleaning would be the landlord's responsibility. It is a safety issue too.

    As for the fireguard and such, if you plan to use the fireplace then I can't see why you wouldn't buy these yourself.

    Just my view.


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    who says the chimney needs to be swept ? If you want it swept you do it yourself.

    OP your friend has no idea what he/she is talking about which is worrying with them being a landlord. There is no legal obligation for a landlord to have a chimney swept or to provide utensils for use with the fire.


  • Registered Users Posts: 13,237 ✭✭✭✭djimi


    Would chimney sweeping not fall under essential maintenance of the property or something to that effect? If a tenant rents a property with an open fire then I dont think its unreasonable of them to expect the fire to be in a usable state, much like I dont expect to rent a property with electric heating and then have to turn around and pay for an electrician to fix the heaters before they will work.

    Thats assuming that the chimney actually needs to be cleaned of course.

    As for the utensils, again I would have thought that they should be provided in a furnished property at least, but if the landlord wont provide them then buy your own and bring them with you when you leave.


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    theres nothing that says legally they must Djimi.

    Why would you assume they should be provided in a furnished property ? Just because a bed is included in a furnished property doesn't mean bed sheets, duvets etc should be included.

    There is no difference here.

    regarding essential maintenance and the chimney being in a useable state. The chimney will be in a useable state even if not cleaned.

    As for cleaning, again there is no legal reason a LL must do this. Id be very much of the opinion polluter pays so the tenant would be responsible for cleaning the chimney.


  • Moderators, Society & Culture Moderators Posts: 30,657 Mod ✭✭✭✭Faith


    D3PO wrote: »
    As for cleaning, again there is no legal reason a LL must do this. Id be very much of the opinion polluter pays so the tenant would be responsible for cleaning the chimney.

    By that logic, tenants should pay for chimney sweeping before they vacate a property.

    A dirty chimney can cause serious issues with smoke (damaging the property), the risk of carbon monoxide poisoning, or a chimney fire.

    I don't think it's unreasonable to expect a clean chimney - either through the previous tenants cleaning it before vacating, or the landlord cleaning it before new tenants use it. It's in the landlord's best interests to do so to avoid damage to the property, surely.


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  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    We've just gone through the same issue. All we did was to ask the LL's permission (which he gave), and arranged to do the work ourselves. We've also got all the bits and pieces needed and now have a roaring fire at the time of writing. PM me Faith, if you need the name of a sweep!

    Turned out the chimney hadn't been swept in years. so it was just as well we did it before lighting the fire...

    And yes. We'll be lifting and shifting the equipment when we leave.


  • Moderators, Society & Culture Moderators Posts: 30,657 Mod ✭✭✭✭Faith


    We've just gone through the same issue. All we did was to ask the LL's permission (which he gave), and arranged to do the work ourselves. We've also got all the bits and pieces needed and now have a roaring fire at the time of writing. PM me Faith, if you need the name of a sweep!

    Turned out the chimney hadn't been swept in years. so it was just as well we did it before lighting the fire...

    And yes. We'll be lifting and shifting the equipment when we leave.

    Our LL said it was last swept 18 months ago, but we've had some soot and debris falling down since we've lived here, so we'll get it done again ourselves for safety. I'll let him know that we've done it anyway.

    We'll buy the stuff ourselves too, but we're planning on emigrating next year so we'll just have to sell them again in a few months. Ah well, it's all worth it for the pleasure of a roaring fire!


  • Registered Users Posts: 7,879 ✭✭✭D3PO


    Faith wrote: »
    By that logic, tenants should pay for chimney sweeping before they vacate a property.

    A dirty chimney can cause serious issues with smoke (damaging the property), the risk of carbon monoxide poisoning, or a chimney fire.

    I don't think it's unreasonable to expect a clean chimney - either through the previous tenants cleaning it before vacating, or the landlord cleaning it before new tenants use it. It's in the landlord's best interests to do so to avoid damage to the property, surely.


    Id agree with you it should be cleaned before a property is vacated if used. You would clean the fridge and cooker what makes you think the chimney is any different ?

    As for the serious issues you refer to. Cresote buildup does not and cause carbon monoxide poisioning. It can cause a chimney fire yes but your looking at serious build up of creosote for that to happen and a chimney swept 18 months ago would not fall into that category.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Perhaps ask the LL to fit a CO2 detector? Think one has to be fitted by law now anyway.


  • Moderators, Society & Culture Moderators Posts: 30,657 Mod ✭✭✭✭Faith


    D3PO wrote: »
    Id agree with you it should be cleaned before a property is vacated if used. You would clean the fridge and cooker what makes you think the chimney is any different ?

    Are you even reading my posts? I don't think there's any difference between a fridge, cooker or chimney. I expect them to be cleaned before I move in and start using them. In this case, the chimney has not been cleaned between tenants and I think it should be. I don't think I should necessarily be liable for that cost - hence my question.

    Anyway, the situation is dealt with.


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  • Administrators Posts: 53,836 Admin ✭✭✭✭✭awec


    D3PO wrote: »
    Id agree with you it should be cleaned before a property is vacated if used. You would clean the fridge and cooker what makes you think the chimney is any different ?

    Then surely the landlord should have inspected the chimney before giving the previous tenant back their deposit, and in this case Faith isn't liable for the cost (but will be when she has it cleaned after she uses it) ?


  • Registered Users Posts: 78,414 ✭✭✭✭Victor


    Perhaps ask the LL to fit a CO2 detector? Think one has to be fitted by law now anyway.

    CO2 is carbon dioxide.

    CO is carbon monoxide - this is the one you need the detector for.

    Suitable, mains-powered fire alarms are also important.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    The landlord could be open to criminal prosecution if people were injured or killed by a fire caused by the dirty chimney.

    As for cleaning a chimney before moving out just because you would clean the feidge washing machine etc, if there was a gas or oil central heating boiler would you clean that and get it serviced as they fall into the same category.


  • Moderators, Society & Culture Moderators Posts: 32,285 Mod ✭✭✭✭The_Conductor


    Perhaps ask the LL to fit a CO2 detector? Think one has to be fitted by law now anyway.

    A CO (carbon monoxide) detector is legally obliged to be fitted, where a property has gas central heating. However- even Tesco have reasonable Kidde ones in stock these days. Expect to pay around 15 Euro for one. Note- unlike smoke detectors- CO detectors have 'Use By' dates (like food) and must be discarded when that date has elapsed. They are also tempermental- and in cases where there is an open fire- will make false alarms (normally denoted by 3 short bleeps)- which simply means you reset them by moving them to fresh air (without removing the battery) for a few minutes.

    S.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    E15 for a CO detector (excuse me, Victor)? Let me know where!! The cheapest Kiddes detector I've seen is either Argos or Woodies for E25, or Ray Grahams online for £22. And yes, I am aware that they have a limited life, having fitted a couple of the years at home in London.

    Is the LL legally obliged to fit one here? I know it's the law in the UK, but am unsure about here.

    On the hunt for cheaper if I can.


  • Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Just to update this. I DID find one cheaper! :D On good old eBay...

    I got a 10 year long life Kiddes detector, complete with batteries for £13 and free P & P. Hubby put it up last night and it works a treat! :D


  • Registered Users Posts: 165 ✭✭Rosier


    My erstwhile landlord averred that a chimney must be swept once a year and he paid for that.

    Please do not minimise chimney fires. More likely if you are burning turf than coal but still a danger.


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