UK Landlord Forum / Life

Hi all,

I'm close to completing on the purchase of a period property (flat) which has got two lovely feature fireplaces. They are not currently in use and I want to keep it that way (i.e. I don't want the hassle of sweeping/unblocking the flues and the risk of tenants burning the place down!). I would obviously advise the tenants that the fireplaces are not in working order and are decorative features only (I guess they could put an electric fire in them), but would like to put something down in writing to safeguard myself.

I've been drafting an AST for the property and was thinking of adding a clause in the Tenants Obligations section along the lines of:

"....Not to light any fires in the Property.  Fireplaces in the Property have been retained as decorative features and are no longer suitable for open or closed fires/stoves."

I know that you have to be careful when adding your own clauses to an AST (this would be my only one, it is otherwise based on the NLA one), but I can't see why this wouldn't be legally acceptable.

I was just wondering if anyone else has used or seen a similar clause in an AST, or has any better suggestions for the wording I should use?

Thanks...

Cap the chimney pots? This will mean they wont draw but can cause damp.

I think your wording otherwise sounds fine.

I have a schedule that goes with the standard AST, in it I include costs of recarpeting, blinds, decorating etc should it be needed and I need to deduct from the deposit, plus details on being a good neighbour, when the bins are due, treatment re Pets etc. This letter sits beside the formal agreement, as a sort of "heads of agreement"

Hopefully it means no one gets any surprises, it works okay for me, as I can put in things like "you can't go in the loft" You can't go on the flat roof except in an emergency etc, what ever pertains to the property. I have always felt this safer than not going for a non standard AST, As as you say, if it makes the agreement invalid they revert to standard anyway.

Thanks for your thoughts.

It's quite possible that the chimney pots are already capped, I didn't notice when I viewed the place but I'll be sure to ask the vendor/neighbours now you've mentioned it (it's a pretty tall building, converted into 6 flats about 60 years ago!).

I also like your idea of a separate schedule to go with the AST.  Something else I can be getting prepared before completion... 

Thanks again...