Painsmith Landlord and Tenant Blog

A practitioners landlord and tenant law blog from PainSmith Solicitors

Smoke Control in Wales

From 31 December 2008 the The Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2008 has introduced certain exemptions to the Clean Air Act 1993 in Wales.

This allows that certain types of stove, mainly wood-burners are exempt from this legislation because they are particularly clean-burning.

From a landlord’s point of view it might be worth considering fitting one of the exempted stoves if refitting is being contemplated. In tandem with this it will be important to have a clause in the tenancy agreement to ensure that the tenant burns the appropriate fuel.

On a wider point where a property with a stove is being let it is important that a clause is inserted in the lease to specify the burning of the correct type of fuel. Many stoves are limited in what they can burn and will be damaged if the wrong fuel is used. It will be hard to make a claim for what is an expensive item if such a clause has not been inserted.

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