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1 Comment
It’s a little unclear whether Warren v Keen is applicable in modern days.
Under landlords repairing obligations, it’s for the landlord to:
And
Amongst other things.
There is no specific rule about cleaning a chimney within the regulations, but it’s certainly the case if there were a problem with the chimney it’s for the landlord to repair (part of the structure).
On balance, our view is that it’s a landlord’s responsibility to sweep where consent has been given to use an open fire. However, Warren v Keen may well still apply, in which case we are wrong. Our view is more taken as a precaution rather than anything else.
We also found this useful article (which seems to follow roughly what we say).