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Knowledge Base arrow Health & Safety arrow Furniture Safety arrow Furniture Safety Regulations

Question Title: Furniture Safety Regulations

Question:
11
We manage a property where some of the furniture (a three piece suite) is non-compliant with the furniture and furnishings fire and safety regulations. The landlord understands that it needs to be replaced but rather than throw the suite away, would like to give it to the tenant or sell it for a nominal amount.
Answer:
We have contacted the government agency responsible for these regulations on this matter previously. Their view is that such arrangements as acceptable provided that any non-compliant furniture is not 'sold in the course of business' - therefore it is essential that the transaction is conducted directly between a private landlord and the tenant directly (the agent should not get involved). Furthermore, it is important that the arrangement is not repeated in relation to the same furniture for the next tenancy. The DTI views any such continuation of these arrangements (using the same furniture) to further tenants as a circumvention and thus illegal. Finally, it would be sensible for the landlord to declare to the recipient of the furniture that the furniture is not compliant. The articles are therefore received on this basis, and any further use by the tenant is then carried out with this knowledge.
References: Pages: Hyperlinks:
Letting Update Journal Oct 1998 page 11 letting-update-journal.html
Letting Handbook Chapter 8 letting-handbook-and-factsheets.html
Letting Factsheet No 3 factsheet-3

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