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Question

Changing the Terms (England) | Tenant Obligations (England)

term of contract

22 Sep 2016 | 3 comments

How can i add a term to the contract that is already written,
i want to add that the tenant is responsible for cleaning the chimney every year

Answer

3 Comments

  1. guildy

    Our tenancy agreement provides:

    The tenant shall not burn any solid fuel at the premises (e.g. logs or coal) (except for normal barbecue use outside) without the prior written consent of the landlord which shall not be unreasonably withheld.

    Therefore, the easiest way is to do a letter which will be attached to the tenancy agreement giving consent. That consent can have conditions namely, to clean the chimney at least annually or as required.

    Something along the lines:

    The landlord gives consent to burn solid fuel in the fireplace in the [living room (change as appropriate)] subject to the condition that the tenant arranges and pays for the chimney to be swept by a professional at least annually or as required or advised by a professional. Proof of the sweeping shall be provided to the landlord within seven days of a request.

    We also have a management regulations template which allows terms to be added but as I say, in this case the above method is preferred.

    As you are giving consent to burn solid fuel, you must install a carbon monoxide detector in the room where the solid fuel appliance is located.

  2. JungleProperty

    Regardless of whether you are giving consent to burn solid fuel or not don’t you need to ensure a carbon monoxide alarm is equipped in any room of the premises which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance?

    • guildy

      That would be sensible but the government guidance states:

      In the Department’s view, a non-functioning purely decorative fireplace would not constitute a solid fuel burning combustion appliance.

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