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

Question Title: Furniture Fire Safety Regulations

Question:
221
We have certain landlords who remain reluctant to replace existing non-compliant furniture in their properties. I would be grateful if you would advise whether you feel it is legal to remove the offending furniture from the tenancy inventory (with the tenant's written permission) but leave the items in the property on the basis that the tenant may use these at their own risk.
Answer:
These regulations apply to anyone who supplies furniture in the course of business and letting agents renting out property fall into this category. There is not at present any case law relating to this matter, however, removing the furniture from the inventory would not, in our opinion, convince a court that the furniture had not been 'supplied' to the tenant - it would merely be seen as attempting to avoid the regulations. If the landlord has been letting the property since before 1st March 1993 and the same furniture has been included in that property since that time and he wishes to continue to let his property he must remove or replace all non-compliant furniture prior to the first new let to new tenants in 1997.
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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