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For your convenience we set out
below the main regulations and regulations which landlords must be aware
of and comply with:
Furniture & Furnishings (Fire) (Safety) Regulations 1988 (as amended)
There are strict safety regulations in
respect of fire resistance of soft furnishings included in any rental
accommodation. It is now an offence to ‘supply’ in the course of
business any furniture to which the regulations apply, unless the
furniture meets the ‘cigarette test’, ‘match test’ and the ‘ignitability
test’. All furniture purchased after 1st March 1993 should
comply by this date. Furnishings will be marked with a label to show
that they comply with the current regulations.
The regulations cover all upholstery and
upholstered furnishings, including loose fittings and permanent or loose
covers. It includes beds, mattresses, pillows, settees and armchairs,
scatter cushions, garden furniture and bean bags. Carpets, and curtains
are not covered by the regulations.
Strictly the regulations don’t apply to
a Landlord letting his own home for a ‘temporary’ period and not in the
course of business (normally only for six month fixed term).
Moverightnow Ltd. believe that the Landlord still has a moral obligation and
a duty of care in such a case.
Furniture manufactured before 1st
January 1950 is not covered by the regulations as defective inflammable
materials were not used prior to that date. Proof of age will be
required.
Failure to comply with these regulations
is an offence and carries a potential penalty of £5,000 or six months
imprisonment or a greater penalty if a fire results and furniture is
found not to comply.
Damages may also be sought in a civil
action in the event of personal injury being caused to the tenant.
A comprehensive guide to the regulations
including details of labels indicating compliance can be obtained from
your Trading Standards office or from the Consumer Safety Unit,
Department of Trade and Industry.
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Gas Safety
(Installation & Use) Regulations 1994 (as amended)
The
above regulations as amended came into force on 31st October
1998, replacing previous regulations. They relate to all gas appliances,
fittings, pipework and installations, whether served by mains gas,
propane or Calor gas.
It is now our duty to make Landlords
aware of their responsibilities under the above regulations in order to
reduce the risk of death or serious injury to tenants. In cases where we
are instructed as Managing Agents we also have direct responsibilities
under the above regulations.
The information below is only a summary
of the action needed to be taken to comply with the above regulations
and should be read in conjunction with other material.
The responsibilities of the
Landlord/Managing Agent are as follows:
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To ensure that annual safety checks
are made on all gas appliances, flues and installation pipework in
the property .
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To ensure that any work carried out
on gas appliances is carried out by a Corgi registered contractor.
Corgi is the Council for Registered Gas Installers and is an
independent body appointed by Health & Safety Executive to register
gas installers and maintain safety standards throughout the country.
Since March 1991 all gas installers have had to register and it is
effectively illegal for anybody who is not Corgi registered to work
on gas appliances.
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To maintain records of the
inspections and work that is carried out. Corgi have issued their
registered contractors with a ‘’Gas Safety Record’’ for this
purpose.
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To supply to the tenant prior to
occupation a copy of the Gas Safety Record on the property that they
are renting.
‘Gas appliance’ means any appliance which is designed to be used by a
consumer and includes central heating systems, other heaters, cookers,
refrigerators etc.
‘Gas Installation
Pipework’ means gas pipework, meters, valves and regulators.
If for whatever
reason, a Gas Safety Record is not available at the time of signing a
tenancy, Moverightnow Ltd. will not allow that tenancy to go ahead.
The maximum penalty
on conviction in a Magistrates Court for failure to comply with the Gas
Safety (Installation & Use) Regulations is £5,000.
Higher fines and imprisonment exist for
failure to comply with prohibition notices or improvement notices.
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Electrical Safety
If you provide any electrical appliances
as part of the tenancy the Electrical Equipment (Safety) Regulations
1994 require you to ensure the appliances are safe. Each time you re-let
the property it will be classed as supplying to that tenant for the
first time.
You therefore need to maintain the
electrical equipment you supply, taking reasonable practical precautions
to ensure that appliances are safe. A combination of formal visual
inspection and combined inspection and testing should help achieve this.
This should be carried out by a qualified electrician. This test is
known as Portable Appliance Test (PAT).
In addition the landlord must ensure
that the fixed electrical installation within the property is ‘safe’
Moverightnow Ltd. recommend that the landlord has a NIC EIC
electrical report carried out before a tenancy commences.
Failure to comply with current
regulations and/or the supply of defective equipment can lead to
imprisonment and/or a heavy fine.
Regulations that apply to Electrical
safety are:
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The Electrical Equipment (Safety) Regulations 1994
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General Product Safety Regulations 1994
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Plugs and Sockets etc (Safety) Regulations 1994
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Low Voltage Equipment Regulations 1989
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Electrical at Work Regulations 1989
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Landlord & Tenant Act 1985
-
Health & Safety at Work Act 1974
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Smoke Detectors
The Department of the Environment has
brought out new regulations governing the installation of Smoke
Detectors in New Homes and these are incorporated into the Building
Regulations 1991. All New Homes must be fitted with mains operated Smoke
Detectors. They must be installed on each floor and must be
interlinking.
There are currently no regulations
governing property other than New Homes and HMO’s (Houses in Multiple
Occupation), but all Fire and Safety officers would advise the
installation of at least battery operated devices.
Moverightnow Ltd. therefore advise
you to install smoke detectors on every floor of your property and can
undertake this on your behalf upon specific request. The detectors
should comply with British Standard No. 5446 (Part 1).
Where detectors are fitted, it is
important that they are regularly checked, especially battery operated
devices, and are positioned horizontally.
Moverightnow Ltd. wish to point out
that this document outlines our interpretation of the regulations at the
present time. The above regulations are very complicated, but rest
assured, using the services that Moverightnow Ltd. provide, this will
alleviate any worries a landlord may have.
If recommendations given to you by
Moverightnow Ltd. regarding the Safety Regulations are not carried
out, then unfortunately Moverightnow Ltd. cannot accept any liability
for failure to comply. |
