As a landlord, you have a duty of care to your tenants that you must fulfil. Within this duty of care, you have a legal responsibility to ensure that your property is safe from dangers of fire and that all landlord fire safety regulations are adequately met. <\/p>\n\n\n\n
In this article, we’ll cover what legislation you need to be aware of, what fire hazards could be putting your property at risk and what you must do to keep your tenants safe.<\/p>\n\n\n\n
There are a number of laws and regulations that directly impact your responsibilities as a landlord, including: <\/p>\n\n\n\n
The Housing Act 2004 basically covers the general fire safety requirements landlords need to meet. This includes making sure that no fire hazards are placed where fires may start, such as tea towels left on hobs, and keeping escape routes clear.<\/p>\n\n\n\n
You may be wondering, \u2018how am I supposed to make sure the property is always hazard free when I don\u2019t live there?\u2019<\/em> Well, the answer is simple: do as much as you reasonably can.<\/p>\n\n\n\n Providing your tenant with relevant fire safety information in writing and asking them to be mindful of escape routes, electrics and keeping combustible objects near fuse boxes or boilers<\/a> will help to minimise the risk of fire. <\/p>\n\n\n\n Of course, warning your tenants of the potential dangers of fire may only get you so far. The best way to ensure your property is fire-safe is to conduct a fire risk assessment. <\/p>\n\n\n\n A fire risk assessment is not a legal requirement<\/strong> for standard private rentals, although, it will provide you with an extra level of compliance and reassurance.<\/p>\n\n\n\n Under The Regulatory Reform (Fire Safety) Order 2005, HMOs with shared communal areas must have a fire risk assessment. <\/p>\n\n\n\n A risk\nassessment should be carried out every 6 months \u2013 and definitely before a new\ntenant moves in. The risk assessment should contain: <\/p>\n\n\n\n If carried out, a fire risk assessment should be overseen by a \u2018competent person\u2019. Some landlords may feel comfortable conducting this themselves, but the best way to ensure complete compliance is to book an inspection with your local fire service<\/a>.<\/p>\n\n\n\n Landlords and letting agents must give tenants at least 24 hours’ written<\/a> notice before they or anyone under their instruction visits their rental property.<\/p>\n\n\n\n Tenants must give permission for them to enter the property, the only exception being a serious emergency, such as a fire. In this circumstance, the landlord or agent are allowed to take reasonable action and enter the property without permission from the tenant.<\/p>\n\n\n\n The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 state that all properties in the private rented sector must have a smoke detector on each storey with a room used as living accommodation. All smoke alarms must be in working order at the start of the tenancy.<\/p>\n\n\n\n It was formerly the tenant’s responsibility to ensure smoke alarms are working after the initial test, but the amended regulations commencing 1 October<\/a> state that landlords are responsible for the repair and replacement of alarms. Tenants are still responsible for informing the landlord, and should go ahead and replace batteries if they can, but the landlord is ultimately responsible for the repair and upkeep during the tenancy.<\/p>\n\n\n\n Although landlords are responsible for providing smoke alarms, the tenant is responsible for making sure they continue to work after the initial test.<\/em><\/strong><\/p>\n\n\n\n Some rental properties will also require a carbon monoxide detector: read more here<\/a>.<\/p>\n\n\n\n Smoke detectors and fire alarms are tested during professional property inventories<\/a>, mid-term inspections<\/a> and check-outs<\/a>. Organise your property inspection here<\/a>.<\/p>\n\n\n\n In any\nhousehold, fire is a risk \u2013 but the risk is far greater if the furniture is\neasily flammable. The Furniture and Furnishings (Fire Safety) Regulations 1988\nprotect upholstered furnishings against fire, covering:<\/p>\n\n\n\n Under the\nregulations, any of the above furniture that a landlord provides in their\nrental property must:<\/p>\n\n\n\n These tests\nmean that the item will not burst into flame from contact with a match or\ncigarette.<\/p>\n\n\n\n The regulations don\u2019t <\/strong>cover:<\/p>\n\n\n\n A landlord\nis not liable for any furnishings or items supplied by the tenant. Items of\nfurniture, appliances, clothes, d\u00e9cor and anything else a tenant brings with\nthem is their responsibility. <\/p>\n\n\n\n This being said, providing your tenant with some fire safety information<\/a> can do no harm.<\/p>\n\n\n\n As a landlord, ensuring the electrics in your property are safe should be a top priority. In 2017\/2018, over half of accidental domestic fires in England had an electric origin<\/a> \u2013 71% of which were started by appliances. <\/p>\n\n\n\n To make sure that your electrics are not a fire hazard, you should carry out an Electrical Installation Condition Report (EICR)<\/a> every five years. This involves a qualified engineer inspecting the installations in your home for any signs of deterioration, damage or potential danger. <\/p>\n\n\n\n As of April 2020, electrical safety inspections are mandatory for all landlords. Find out what you need to do here<\/a>. Any portable appliances that you provide your tenant with should also be annually tested for faults. Book your PAT test today for \u00a389 (inc VAT)<\/a>.<\/p>\n\n\n\n Ill-fitted\nor damaged gas appliances can be a serious risk of explosions and fires. <\/p>\n\n\n\n Any gas appliance or fitting that you supply to your property must be in safe condition and inspected by a qualified engineer. It is a legal requirement for all private rental properties to have an annual gas safety inspection<\/a> and a valid Gas Safety Certificate<\/a>. Remember \u2013 you must provide your tenant with a certificate at the start of their tenancy, or within 28 days of the annual inspection. <\/p>\n\n\n\n Without a valid Gas Safety Certificate<\/a>, not only will you be neglecting your duty of care for your tenant, but you will also be unable issue a Section 21<\/a> notice if needed.<\/p>\n\n\n\n Landlords that aren\u2019t compliant with gas safety regulations<\/a> can be subject to financial penalties, fines and \u2013 in severe circumstances \u2013 serious criminal charges.<\/p>\n\n\n\n Book your gas safety inspection today for just \u00a379 (inc VAT)<\/a>.<\/p>\n\n\n\nDo landlords need to carry out a fire risk assessment?<\/h2>\n\n\n\n
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list of potential fire hazards at the property (anything that produce a spark
or flame)<\/li>\n\n\n\n
list of the people at risk (including neighbouring residents)<\/li>\n\n\n\n
evaluation of the risks of fire and injury<\/li>\n\n\n\n
of mitigation, protection and prevention<\/li>\n\n\n\n
of hazards<\/li>\n\n\n\n
record of major issues<\/li>\n\n\n\n
emergency evacuation plan\u00a0\u00a0 <\/li>\n<\/ul>\n\n\n\nFire safety property visits<\/h2>\n\n\n\n
Landlord fire safety regulations: smoke alarms<\/h2>\n\n\n\n
Furnishings and landlord fire safety regulations <\/h2>\n\n\n\n
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headboards, mattresses and bed-bases<\/li>\n\n\n\n
beds and futons<\/li>\n\n\n\n
armchairs and footstools<\/li>\n\n\n\n
furniture<\/li>\n\n\n\n
furniture suitable for use indoors (not parasols or deckchairs)<\/li>\n\n\n\n
cushions, pillows and seat pads<\/li>\n\n\n\n
seats<\/li>\n\n\n\n
and stretch furniture covers<\/li>\n<\/ul>\n\n\n\n\n
a fire-resistant filling<\/li>\n\n\n\n
able to pass a match-resistant test or be fitted with a fire-resistant cover<\/li>\n\n\n\n
able to pass a cigarette resistance test<\/li>\n\n\n\n
new) be labelled with a fire safety warning<\/li>\n<\/ul>\n\n\n\n\n
(including mattress protectors and duvets)<\/li>\n\n\n\n
made before 1950<\/li>\n<\/ul>\n\n\n\nIs a landlord responsible for their tenant’s furnishings?<\/h2>\n\n\n\n
Landlord fire safety regulations: electricals<\/strong><\/h2>\n\n\n\n
Landlord fire safety regulations: gas<\/strong> safety<\/h2>\n\n\n\n