In 2013 a Victorian Coroner warned that
landlords should check gas heaters every 2 years after 2 children died in a
tragic gas leak accident.
There aren’t many laws regarding fireplaces
and chimneys but landlords are expected to keep their properties in a decent
state of repair.
As a landlord, it is a good idea to state
who should clean the chimney, on the lease.
Make sure chimneys are cleaned when your
tenants move in and make sure that this is stated on the Condition Report.
Here are the Tenancy Laws surrounding these
issues by State.
Victoria
Victoria Consumer Affairs state that gas
connections are tested every 2 years and also that appliances need to be in
"good repair”, which means:
•Tenants are given a copy of the
manufacturers’ instructions
•Only licensed gas fitters perform any
gasfitting work
•All appliances are safe for use before
letting or re-letting
•Pipes are sealed if appliances are removed
•All safety checks and details of work done
are recorded and certificates of compliance obtained when required. There are
no specific laws for chimneys to be maintained or cleaned regularly by
landlords or tenants.
NSW
NSW Fair Trading states that landlords need
to make sure the property is in a "reasonable state of repair” before
tenants move in.
NSW also has no specific legal requirements
regarding fireplaces.
ACT
The breakdown of services such as gas
leaks, gas connections or heating, are classified as "urgent repairs”.
The ACT also has no specific law regarding
chimney and fireplace maintenance.
QLD
Qld has no laws regarding the regular
maintenance or regarding chimneys and cleaning.
NT
The Northern Territory law doesn’t state
any requirement for landlords to provide heating and doesn’t have any laws
requiring the cleaning of fireplaces and chimneys.
WA
WA also does not have any laws about
fireplaces and chimneys.
SA
SA also does not have any laws relating to
chimneys and fireplaces.
TASMANIA
Tasmania is actually the only state in
Australia that requires landlords to provide heating appliances. This is
classified as an "essential service”. The minimum standard requires
heating in the main living area of the premises, either a fixed electric or gas
heater, heat pump or wood heater. Fireplaces need to be maintained on behalf of
the landlord and the landlord has an obligation to ensure the chimney/flue is
cleaned as required so as to allow the safe functioning of the
fireplace/heater.
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Jason Gwerder
Tuesday, 7 July 2020
