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

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 licenced 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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