Dukes Residential Lettings & Property Management"Glenhaven" Old Heazille Lane, Rewe, Exeter, Devon., EX5 4HB, United Kingdom, 01392 860 900, lettings@dukeslettings.co.ukSafety Legislationhttp://www.dukeslettings.co.uk21:12 04-Sep-2010Safety of goods in rented accommodation - landlords To whom does the law apply? Anyone who lets residential furnished accommodation (such as houses, flats and bedsits, holiday homes, caravans and boats) as a business activity. This includes letting agents, estate agents and private landlords. Often letting agents, as well as landlords, are liable, if goods supplied with the tenancy are not of the standard required by law. What does the law require? In general terms, the law requires that goods are safe when they are supplied. This includes any goods supplied as part of a tenancy agreement, or in let accommodation. Special safety rules apply to certain types of goods, and some of the main ones are detailed below. The supply of goods can occur when the tenancy contract is made, and/or when the tenant moves into the property, and/or when goods are newly supplied or installed for an existing tenant. Do I have to carry out specific safety checks? Gas installations, appliances and flues must be checked by a CORGI-registered person every 12 months, and a record of the check must be made available to tenants. Specific checks are not normally required by law for other products. However, in many cases, you will not know whether the goods are safe unless you have them checked. You are responsible for the safety of the goods you supply, and it is, therefore, advisable that you carry out appropriate checks on all the goods in the property. In some cases, you may wish to employ an expert to carry out checks for you (for example, an electrician to assess the safety of electrical installations and appliances). In addition to deciding what checks to do, you will also need to decide how frequently to repeat them -- this may be different for a holiday property than for a long-term residential let. Where you do carry out checks, or where you have them done for you, you should keep records. These records, as a minimum, should identify what goods were checked, what checks were done (and the results), who did them and when they were done. Furniture: The Furniture and Furnishings (Fire) (Safety) Regulations 1988 Upholstered furniture included in lettings must comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988. These Regulations impose the same stringent standards as apply to new and second-hand furniture in the shops. The Regulations apply to the following:
How to tell whether furniture complies - labeling You should check to see that a permanent label is present, as this is the best way to show compliance. Most furniture should have a label headed 'CARELESSNESS CAUSES FIRE', and which provides at least the following information:
Mattresses and bed bases are not required to bear this type of label. However, compliance with the ignitability tests may be shown by a label stating compliance with BS 7177. This label has a blue border with white lettering and black cigarette and flame symbols. Items not bearing any labeling may not conform to the Regulations, and you are advised not to include them in any letting until you have obtained evidence that they comply (for example from the manufacturer or original supplier). Electrical equipment: The Electrical Equipment (Safety) Regulations 1994 All mains electrical equipment, new or used, supplied with the accommodation, must be safe. If it complies with an acceptable standard, e.g. a British/European Standard, it will normally meet safety requirements. These safety requirements cover:
The wires of a three-core mains lead are usually coloured as follows: earth -- green & yellow; neutral -- blue; live – brown. Some older leads may still contain wires with red (live), black (neutral) and green (earth) insulation. If you need to change a plug, lead or other connection, have it checked by an electrician. Incorrect wiring may cause electrocution or fire. Plugs and sockets: The Plugs and Sockets etc (Safety) Regulations 1994 Electrical appliances must be correctly fitted with an approved plug with sleeved pins. All plugs should carry the name and reference number of the approved body, normally BSI or ASTA. The plug does not have to be molded on, but it must have the correct fuse for the appliance. All sockets (e.g. on mains extension leads), adaptors and similar devices must meet British or European Standards. Electric fireguards The distance between the bars and the strength of the guard are laid down in Standards. The fireguard is satisfactory if any vertical bars are 5mm or less apart. Otherwise, the guard must not have an opening with:
We advise you not to supply used electric blankets, as their history, usage and condition may be unknown. How to tell whether electrical equipment complies You must take all reasonable precautions to ensure that electrical equipment is safe and correctly labeled. It is strongly advisable to have the equipment checked by a qualified electrician before the start of each let. It would be good practice to have the equipment checked at regular intervals thereafter. You should obtain and retain test reports detailing the equipment, the tests carried out, and the results. You should make a copy of the instructions for all electrical appliances available to the tenant. Gas appliances: Gas Safety (Installation & Use) Regulations 1998 There are requirements relating to the installation and use of gas appliances. These are enforced by the Health and Safety Executive (HSE). Further information can be obtained by contacting the HSE Safety Advice Line on 0800 300363. In summary: Landlords must ensure that gas appliances, including LPG cabinet heaters, are checked for safety, including, where relevant, checks on the effectiveness of the flue, the ventilation, gas operating pressure and gas tightness. These checks should be carried out at least every 12 months, and records kept of the test dates, defects and remedial action taken. They must also make this information available to tenants and prospective tenants, and keep records for two years. You should be aware that only businesses registered with CORGI (Council for Registered Gas Installers) are permitted to carry out installation and maintenance of gas appliances. You should ask to see their current CORGI registration certificate, and you can find out more about CORGI and check whether the installer is a member on the CORGI website. Mobile cabinet gas heaters should only be used in rooms where there is sufficient ventilation. All gas appliances should be provided with adequate instructions for their safe use. It is illegal to install any fixed fire, space heater or water heater of more than 14 kW input into a room intended to be used as sleeping accommodation, unless it is 'room sealed'. If it is below 14kW, it must either be 'room sealed' or have an oxygen depletion cut out. The HSE enforce the above but Trading Standards enforce the following: Gas Appliances (Safety) Regulations 1995 These Regulations require that all new gas appliances must be safe and come with instructions when sold. Gas Cooking Appliances (Safety) Regulations 1989 These apply to used gas cookers. They must:
Gas & oil heater fireguards: The Heating Appliances (Fireguards) (Safety) Regulations 1991 Fireguards on gas fires and oil heaters must comply with British Standards or the European equivalent. Oil heaters & used gas fires, which do not satisfy specific design criteria involving the hearth and installation instructions, must be fitted with a guard which:
Gas catalytic heaters: The Gas Catalytic Heaters (Safety) Regulations 1984 These Regulations prohibit the supply of these heaters that contain un-bonded asbestos. Paraffin heaters: Oil Heaters (Safety) Regulations 1977 These Regulations apply to paraffin heaters. Controls cover stability, flame extinction and labeling. Glazing: Construction Products Regulations 1991 If you are buying replacement glazing, safety glass must be used in critical locations, as follows:
Other appliances and equipment: General Product Safety Regulations 2005 All equipment and items not covered by specific regulations must comply with the General Product Safety Regulations 2005. You must ensure that all items you supply with the accommodation are safe. This will include supplying warnings and instructions with the items, where they are necessary, for the safe use of the items. For example: mechanical lawn mowers, strimmers etc, must be provided with the necessary guards in place. Chairs and stepladders must be strong enough to support a person's weight. Glass in furniture should satisfy British Standards where applicable. Ironing boards, clothes dryers, etc should not have sharp edges that could cause injury in normal use. You are advised to check all items at regular intervals to ensure that they are safe. Penalties The maximum penalties vary, depending on the specific piece of legislation, but fines of up to £20,000, and a prison sentence of up to six months, can be imposed. If a product causes injury or damage, substantial compensation may be payable, whether or not criminal proceedings are brought. About Trading Standards Our aim is to protect consumers and business from unfair trading. The law requires that landlords and their agents provide only safe items with accommodation. People who fail to do this, not only put their tenants at risk, but also gain business at the expense of reputable providers of accommodation. There are costs involved in complying with these requirements, but it is worth remembering that the cost of non-compliance could be substantial. Last reviewed/updated: April 2008 Relevant for the following nations only:
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