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Question Title: Renting room in landlords home - furniture regs
| Question: 322 |
| I have just been asked to find a tenant for a room in a landlord's own home. He basically wants some more income to help him pay his mortgage. He asked me whether he would have to do anything to the room before he could let it. Do the Furniture and Furnishing (Fire) (Safety) Regs. apply in this situation?
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| Answer: |
| The position here may be slightly anomalous. The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended 1989 & 1993) cover furniture that is hired out in the course of business. The Guidance issued states that:- "where furniture is supplied by a landlord, the application of the Regulations will depend on whether or not the landlord is acting in the course of a business of his in letting that property. For example, a landlord who lets his property on a one off short-term basis (whilst, for example, he is temporarily working away from home) is unlikely to do so in the course of a business and the Regulations will not apply in this case. On the other hand, a much longer let or a series of lets, where the landlord views the property's primary purpose as a source of income rather than his residence, is likely to be considered a business activity." Whilst it is unclear in this case whether the landlord will be subject to the Regulations, though it seems more than likely as his purpose in letting the room is to generate income, you, as agent, may be covered. The greater the involvement of the agent in the letting process the more likely he is to be held to have been a supplier of the furniture and be subject to the regulations. The best solution would be to ensure that the contents of the room being let satisfy the requirements of the Regulations. (For further information on the Regulations see Letting Factsheet 3).
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References:
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Pages:
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Hyperlinks:
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Letting Update Journal |
Oct 1998 page 11 |
letting-update-journal.html
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Letting Handbook |
Chapter 8 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 3 |
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factsheet-3
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For more information, discuss on the Forum
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