Does my landlord have to repair the chimney?

Probably no recourse, given the wording of the lease, however, you might want to check with your local building inspector regarding the repairs they are responsible for.

Tenants are entitled to habitable housing. Unless the chimney is going to fall in, there's probably nothing you can do...the building inspector would be the only one who could force structural repairs. You, on the other hand cannot use the fireplace as you have been informed of the potential dangers.

Structural problems, broken windows, leaks or electrical problems would be something the building inspector could force the landlord to repair.

Comfort amenities like painting, new carpet, etc., are not really entitlements as you were free to choose a different rental.

I would also take pictures of everything that belongs to the house, make 3 sets of prints & save them. Have someone other than a family member witness the pics & sign & date the back of 2 sets...just in case something comes up down the road...signed/dated copies for you...unsigned copies for the landlord (if ever needed).

Good luck...

For one thing - the chimney is a chimney and not an item that has trouble as a result of being used as a fireplace. The landlord must keep the fireplace in good repair as a matter of safety. You have already spoken to the landlord so call your local building safety and permit department and report the thing as unsafe.

Also, be aware that if the fireplace inspector is in the business of repairing fireplaces he will probably ALWAYS find a defect or several defects to repair. You might consider a second or even a third opinion.

A reasonable person would expect that "has a fireplace" means that it works. However, the landlord can claim that there is a fireplace, but that they are not responsible for making it work.

Given what you signed and how unreasonable this person is, you've going to have a devil of a time with this.

You should not use the fireplace, since it is a safety issue.

Look to move out when your lease is up. Document everything that's wrong now, send it to your landlord return receipt. That way, you'll have proof that you notified him on move-in.

The difference is one word...

does your contract say 'working fireplace' or 'fireplace'

If the property is heated by the fireplaces only as 'working fireplaces' as the only means of heating rather than for decorative use plus other storage radiators or electricity or gas then the landlord has a duty of care and must attend to the chimneys.

I live in UK.

Your landlord is responsible for the upkeep of the house, Including the toilet and the chimney. Since these are things that need repairs due to normal usage, you should not have to repair them. Complain about him and if he tries to give you trouble, sue him.

Good luck.

Typically yes, it's a liability thing.