Its NOT normally possible to Contract out of Government legislation whether Chris agrees or not!
No need for snide remarks, Tony. Which legislation? Cite it.
Stating that there are lots of laws, and asserting that they uphold a position, is rather vacuous, and pointless. Opinions aren't relevant. It's what is written that matters.
All I'm doing is reporting what we found last time the subject was discussed. Are you still failing to remember where the discussion on gas-news, was left? We found, as agreed by the editor of the site that, as the literature at the time said, it's the tenant's responsibility to test the flues he uses.
You cannot normally exclude the basic requirements of renting property by just saying that flues are unusable.
Where does it say that?
They would have to be bricked up and rendered non available.
Where does it say that?
Anything like stairs, flues or windows are legally "present" if they are there and accessible. In that case the landlord has a Common Law obligation to ensure that they are safe and kept operating and in good order.
Where does it say that? You're saying that a landlord cannot leave any sash windows painted shut. Don't be silly. The landlord doesn't have to do an "mot" on the whole property , to "ensure" the stairs, for example haven't become infested with woodworm. It is the tenant's responsibility to report dilapidations to the landlord.
Where does it say a landlord has to provide flues for a tenant's use? Some flues aren't suitable for some appliances - does he have to alter them according to the whim of the tenant? A tenant doesn't necessarily NEED a flue any more than he needs an attic, or a garage, or a garden - all of which are regularly excluded from the tenant's rights of use, in the tenancy agreement.
To enable the Landlord to know that his property is safe then a conscientious RGI would test the landlords flue if the tenant is using them.
That's only your opinion Tony. Not relevant to the facts under discussion. There are several other options open to the "conscientious RGI".
There is NO legal requirement for the flues to be tested
Oh, right, you've changed your mind since the start of the same posting!
BUT if they were unsafe then the Landlord would be liable!
Liable to mend them, only. And only if not excluded from the tenant's rights of use.
I would say that a landlord would be entitled to sue an RGI who did not test his flues The RGI is the expert on gas safety NOT the Landlord.
Knowing a landlord's responsibilities is part of the responsibility of the landlord! It isn't a gas safety matter, it's a landlord's responsibility matter.
and advise him (..the landlord..) of his legal obligation to ensure they are safe.
As you just agreed, the landlord is not responsible for testing the flues. Therefore he is not in a position to "ensure" that they are safe. The testing is the tenant's responsibility, the repair the landlord's.
Otherwise you would have the farcical position of a landlord having to test all the chimneys in a property in case a tenant wants to add a fire.
I'm trying to use logic to determine the position, not state an opinion.
