Non – consented fireplace – that’s an unlawful premise!
This morning I heard about an incident that happened that I thought may have been of interest to you.
Said gentleman had received a call from his Landlord saying that the plumber was coming to attend to some of the “blocks in the fire place”. The landlord is a new landlord, having just recently purchased the property. While he was getting ready to leave for work the plumber arrived and the tenant had a discussion with him, where it transpired that in fact the Fireplace in the house was non-compliant and non consented.
A non- consented fireplace……what this actually means that this is indeed an “unlawful premise”. Not only is it a Health and Safety issue for the tenant but had there been a fire over the past 2 years when the house was in ownership from the previous owner, there would have been no insurance. The owner of the house would not get paid out insurance, but additionally the TENANT, may well not receive any insurance for contents. Let’s face it, insurance companies will do their utmost to avoid payouts, and if your contents were burnt down in an “unlawful premise” then sorry, you should have carried out your due diligence prior to renting the property. This is not just about insurance, imagine had there been a fire in the home that caused a fatality? What sort of questions would have been raised then?
Remember also that a unlawful premise , as this situation creates, can lead to a $4000.00 fine and the tenant can make a claim for compensation for rent paid while premise was unlawful.
This incident is one of many, very real situations that are constantly being bought to the attention of the Tenancy Tribunal. We urge all Landlords to carry out their obligations to provide a “lawful premise” and we encourage all Tenants moving into properties, to ensure the property the are renting is also a “lawful premise”. If you are in any doubt, please reach out to us and request a Certificate of Compliance.