Who's responsible re:chimney sweep?

Claireabella

Landlord landed at the door with a chimney sweep wanting it done then and there, and has demanded I pay for it. Not impressed, I would have liked some notice so I could account for the cost, I am living pretty frugally as it is! Is it mine or the landlords responsibly to pay for? No mention either way in lease

amcalester

What’s in the lease about chimneys?

Do you use the fire and was the chimney clean when you moved in?

Though, if the landlord was dictating when it is cleaned and by whom I wouldn’t pay.

whiskeyman

Would have thought LL as it's like a boiler service.
Should be considered property and safety maintenance.
That said, hard to call if not in lease.
I reckon most sound LLs would cover it, but others may ask for some contribution?
Really wouldn't expect tenant to foot all the bill.
Bad form with no notice in turning up and charging you for it. What sort of relationship do you have with them?

diggerdigger

Claireabella wrote: »

Landlord landed at the door with a chimney sweep wanting it done then and there, and has demanded I pay for it. Not impressed, I would have liked some notice so I could account for the cost, I am living pretty frugally as it is! Is it mine or the landlords responsibly to pay for? No mention either way in lease

It should have been cleaned when you moved in. If you use the fire, you should clean it regularly, and clean before you vacate - as a general tenant responsibility like any cleaning.

As for the landlord turning up to get it cleaned immediately, unless there is some sort of history here where they feel you have been neglecting the chimney, and it is now dangerous, I cant see the logic.

Has there been correspondence with the landlord? Has there been a chimney fire or something before?

KKGirlatheart

My husband and I have a house rented to tenants and we see it as our job to have chimney swept just as we have boiler serviced (at our cost, not the tennants)
Also it is just basic common decency to give at least 24hrs notice and if he was going to charge you for it I would have thought this would have been agreed in advance. Expecting you to pay without any notice esp. at end of January is pretty mean. Can you check with PTRB?

Sadly many LL don't really give a damn about anything apart from their bank balances but the PTRB is apparently there to protect tenants and landlords so may be able to help you.

Good luck!

Claireabella

There was absolutely no discussion about the chimney when I moved in so I can't answer if it had been cleaned unfortunately! Lease doesn't mention anything about maintenance. I use the fire daily as my only form of heating(can't afford a tank of oil atm, go figure!). There has never been any issues with the fire. As it is my lease is up in 2 weeks and I have been looking at other places as there is a few issues in the house the landlord has taken a long time/not wanted to remedy..so I'm paying for this not long before potentially leaving. After phoning a few companies the quote for this crowd is very high, landlord says they are his go-to crew and I it's not up for discussion

Claireabella

Sorry meant to include, I don't have much of a relationship with landlord, he collects the rent each month, "Hello how are you?" Is pretty much the extent of it!

Cash_Q

We got our chimney cleaned last week for 40 euro. This is the standard rate. It took less that 15 minutes. As far as I know you're legally entitled to 24 hours notice before the landlord attempts to access the property to any reason. As it is the end of the tenancy it's probably not worth fighting about the 24 hours notice, but I wouldn't be paying for the chimney cleaning. That's standard property maintenance which is the landlords responsibility

diggerdigger

Cash_Q wrote: »

That's standard property maintenance which is the landlords responsibility

Except that it isn't. It's cleaning. And if its not done by the tenant, its deductible from the deposit. And the cost of a chimney fire due to lack of cleaning is also deductible from the deposit.

GBX

Maybe he is being clever knowing the lease is up and you potentially not renewing. By landing at your door and expecting you to pay, he is obviously trying to get it done before you leave and a new tenant arrives.
I'd have refused to pay.

Claireabella

diggerdigger wrote: »

Except that it isn't. It's cleaning. And if its not done by the tenant, its deductible from the deposit. And the cost of a chimney fire due to lack of cleaning is also deductible from the deposit.

Sure, if it's payable by me I'll accept that, but surely I should have the option to either find a cleaner myself/or have the option to wait until payday at least? It has left me in a real pickle today

diggerdigger

Claireabella wrote: »

There was absolutely no discussion about the chimney when I moved in so I can't answer if it had been cleaned unfortunately! Lease doesn't mention anything about maintenance. I use the fire daily as my only form of heating(can't afford a tank of oil atm, go figure!). There has never been any issues with the fire. As it is my lease is up in 2 weeks and I have been looking at other places as there is a few issues in the house the landlord has taken a long time/not wanted to remedy..so I'm paying for this not long before potentially leaving. After phoning a few companies the quote for this crowd is very high, landlord says they are his go-to crew and I it's not up for discussion

You have no obligation to use the landlords sweeps. He can inspect 9after the necessary inspection notice) and tell you that it needs to be done, and you can get your own sweep.

Landlord sounds like a cowboy.

A sweep should be 40-50 quid, tops.

beertons

If you light the fire, you should clean the chimney.

diggerdigger

Claireabella wrote: »

Sure, if it's payable by me I'll accept that, but surely I should have the option to either find a cleaner myself/or have the option to wait until payday at least? It has left me in a real pickle today

You absolutely do have the right! And it doesn't have to be done immediately. You can also try to not pay it, or partially pay, if you think the chimney wasn't swept when you moved in.

Gazzmonkey

Hi OP

Our landlord always services our AGA, boiler & chimney every year without fail and accepts all three are his responsibility as a landlord. Anytime I pay for maintenance he asks for the receipt and pays me back.

Clearly you've been had, looks like he wants you to pay for his maintenance bill before you leave.

Make sure you report everything to the PTRB

diggerdigger

Gazzmonkey wrote: »

Hi OP

Our landlord always services our AGA, boiler & chimney every year without fail and accepts all three are his responsibility as a landlord.

AGA and Boiler Servicing - Yes, it the Landlords responsibility.

Open Chimney is not. Its cleaning. You're lucky if your Landlord covers it.

Browney7

OP, don't pay it.if you are leaving anyways in a few weeks,I'd bet heavily you will have trouble getting your deposit from this guy if his latest conduct is anything to go by so will probably require RTB mediation to resolve. If the RTB determines you should have paid for it, then it can come from the deposit.

Seeing as the RTB exists solely to whip landlords about the place I'm sure they'll probably find in your favour

GingerLily

If your stuck until pay day then you definitely should not be paying.

He can't demand it like that

Claireabella

Okay in the end I paid it, he demanded it and I didn't want the confrontation in front of my kids, we will just be eating patato waffles and spaghetti hoops for a few days. Partner says keep it out of the rent but that will get me evicted and I don't have another place yet, just shopping around. He got pretty angry today when I questioned the charge so the deposit return could be a chore but only time will tell

Claireabella

He owns all the houses in the estate and the other tenants I have asked all paid too

Claireabella

Receipt and insurance cert was given to landlord and not me either, so no proof I paid

Uriel.

Claireabella wrote: »

Receipt and insurance cert was given to landlord and not me either, so no proof I paid

He's going to write the cost off his tax bill. Receipt should be yours as the contract is between the chimney cleaner and you.

My view is that the tenant should be responsible for the ensuring the chimney is cleaned, as appropriate. However the description of the interaction with the LL in this case is appaling and he doesn't sounds like a good person to be dealing with.

Sounds like he collects the rent in person too, I guess in cash? Probably some tax fiddling going too.

Claireabella

Yes he collects in cash refuses to be paid via the bank, very annoying I hate carrying that cash around! The tenant next door claims HaP though so he would have to be above board?

Uriel. wrote: »

He's going to write the cost off his tax bill. Receipt should be yours as the contract is between the chimney cleaner and you.

My view is that the tenant should be responsible for the ensuring the chimney is cleaned, as appropriate. However the description of the interaction with the LL in this case is appaling and he doesn't sounds like a good person to be dealing with.

Sounds like he collects the rent in person too, I guess in cash? Probably some tax fiddling going too.

Joe Daly

I have a house rented out in kilkenny, I get the chimney swept the boiler serviced, they cut the grass with my lawnmower get that serviced every year.

seamus

I would consider it semi-regular cleaning or maintenance like cutting the grass or unblocking a shower drain. Responsibility of the tenant.

Browney7

seamus wrote: »

I would consider it semi-regular cleaning or maintenance like cutting the grass or unblocking a shower drain. Responsibility of the tenant.

But the landlord dictating it be done and giving the tenant no choice in the matter isn't right either and he sounds like a right miserable sod based on what the OP has said

Sleeper12

amcalester wrote:

Though, if the landlord was dictating when it is cleaned and by whom I wouldn’t pay.

It's a safety matter. Carbon monoxide poisoning or chimney fire. If it needed cleaning it needed cleaning. It also needs to be done properly. Landlord has responsibility to ensure its done properly for the tenants safety.

As for who pays, that should be covered by the lease

amcalester

Sleeper12 wrote: »

It's a safety matter. Carbon monoxide poisoning or chimney fire. If it needed cleaning it needed cleaning. It also needs to be done properly. Landlord has responsibility to ensure its done properly for the tenants safety.

As for who pays, that should be covered by the lease

While all that may be true there doesn't appear to have been anything in the lease or any previous discussions about it needing to be done.

Just the landlord arriving at the door demanding money for a service the OP could have organised herself for less money. And, then the landlord kept the receipt.

I wouldn't have paid.

Sleeper12

amcalester wrote:

While all that may be true there doesn't appear to have been anything in the lease or any previous discussions about it needing to be done.

If the fire is used the chimney needs cleaning annually. It is not unlike a gas or oil boiler. Carbon monoxide is a dangerous thing.

I'm not condoning the landlord doorsteping the tenant. Unless an emergency notice should have been given.

Claireabella

That's okay, but I was getting an eviction notice if I didn't pay. I realise if I had the receipt I might have more options but LL knew what he was doing, told the cleaners beforehand that all paperwork was not to be given to me. Lesson learned I suppose, I am very very tempted to leave the rent short at the end of the month but I know I can't do this, and if I do move I will need a reference! There are conflicting replies so I'm not sure if this was for me to pay or not anyway, I'm not bothered too much by that it is the bullying way it was done and has really soured my opinion of him, though I only see him once a month so that doesn't matter I suppose!

amcalester wrote: »

While all that may be true there doesn't appear to have been anything in the lease or any previous discussions about it needing to be done.

Just the landlord arriving at the door demanding money for a service the OP could have organised herself for less money. And, then the landlord kept the receipt.

I wouldn't have paid.

amcalester

I know you said you’re looking for somewhere else to live but you should read up on your rights as a tenant, it might make you more confident in pushing back on bullying landlords.

And remember, if it’s not in your lease it’s probably not your responsibility and the RTB are there to decide in your favour adjudicate.