Chimney use in leasehold property

[George111]

Scenario: Somebody buys a cottage which is leasehold (long lease, over 200 years) in a little row of old, terraced cottages, house has a fireplace and the chimney is still connected and present all the way to the top of the house and the stack is still present. Chimney also backs onto the house next door but they don't use their fireplace.

There is a management company which is responsible for the upkeep of the exterior of the building (no exceptions mentioned in lease) and owners pay a compulsory service change (in the lease) for the upkeep - the new house owner wants to use the fireplace and chimney for whatever they choose. The lease is silent on the fireplace and chimney but it's been part of the cottage since it was built.

Is the management company able to stop the fireplace being used because they deem it dangerous ? (It's no more dangerous now than it's ever been) Or are they legally liable to have the chimney maintained as it's part of the house ? Sweeping is obviously the duty of the leaseholder/owner.

My view is they should maintain it and can't stop it being used - it's the same as the path outside, they can modify it and perhaps upgrade it with modern materials but they must ensure a path is provided, unless the lease is modified with the agreement of the current leaseholder.

Am I about right or have I missed something ?

[TooMany2cvs]

George111 said:

Scenario: Somebody buys a cottage which is leasehold (long lease, over 200 years) in a little row of old, terraced cottages, house has a fireplace and the chimney is still connected and present all the way to the top of the house and the stack is still present. Chimney also backs onto the house next door but they don't use their fireplace.

There is a management company which is responsible for the upkeep of the exterior of the building (no exceptions mentioned in lease) and owners pay a compulsory service change (in the lease) for the upkeep - the new house owner wants to use the fireplace and chimney for whatever they choose. The lease is silent on the fireplace and chimney but it's been part of the cottage since it was built.

Is the management company able to stop the fireplace being used because they deem it dangerous ? (It's no more dangerous now than it's ever been) Or are they legally liable to have the chimney maintained as it's part of the house ? Sweeping is obviously the duty of the leaseholder/owner.

My view is they should maintain it and can't stop it being used - it's the same as the path outside, they can modify it and perhaps upgrade it with modern materials but they must ensure a path is provided, unless the lease is modified with the agreement of the current leaseholder.

Am I about right or have I missed something ?

The key is how the structure of the chimney's been maintained. Has it been maintained with use in mind, or has it been capped off or otherwise modified so as not to be usable?

Maintenance of the structure of the chimney is clearly the freeholder's responsibility - and if that maintenance has previously included a modification, rendering it non-functional, then that's a fait accompli as far as the current leaseholder's concerned, because it predates their purchase of the lease.

If it's functional, though, and the leaseholder keeps it cleaned, then I can't see why the freeholder would care that it's being used, or on what grounds they'd stop it.

[KevinCamaroSS]

Sounds about right, one question:

Clarification of 'use it for whatever they choose' would be required. The fireplace and chimney should be usable for the purpose of lighting and using a fire, be it wood, coal, oil or gas fired.

[George111]

Thanks, the chimney hasn't been capped - it's been physically maintained with new mortar at some point so physically still stands and presumably, if it was swept, should still work.

I did mean a fire or perhaps a wood burner, not sure of use but whatever they do it would be burning something which requires a chimney, subject to local bylaws regarding smokeless fuel etc, if there are any.

[TooMany2cvs]

George111 said:

I did mean a fire or perhaps a wood burner

Woodburner would require a liner up the chimney, and that's something the leaseholder would need to liase with the freeholder on.

[matjk]

In old properties chimneys tend to leak, either into next door or other rooms. It wouldn't surprise if they have always leaked and 100 years ago no one really cared as everything would have stunk of coal and wood burning and it was just the norm (like smokey pubs 10 years ago). First step would be get it checked out and see if a heatas engineer thinks its good to go. If its not you're into chimney liners or building work and then the freeholder might have to get involved. You could light a fire and smoke out your neighbours, you would not be popular

[Red Devil]

George111 said:

I did mean a fire or perhaps a wood burner, not sure of use but whatever they do it would be burning something which requires a chimney, subject to local bylaws regarding smokeless fuel etc, if there are any.

In a 200 year old cottage the fire would have likely used wood fuel (i.e. logs) in an open grate. Keep with tradition then you don't need a liner.
I grew up in a house in the country and one of my 'chores' was helping my father collect fallen tree trunks and chop them up for firewood.
It all came from our land so didn't cost us anything but sweat and some diesel for the tug.

[Billsnemesis]

It all depends on the wording of the lease.

If the lease relates to the whole of the cottage then that includes the chimney so you would expect that the owner can use it but there may be restrictions which say not.

Every lease is to a greater or lesser degree a bespoke document so you would have to read it in detail to confirm.