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Question Title: Safety regulations
| Question: 70 |
| A landlord has asked me to find a tenant to live as a lodger in his home. I am concerned about my responsibility as well as the landlord's when it comes to complying with gas safety and soft furnishings safety regulations. The tenant will have the exclusive use of a bedroom but will share the lounge and kitchen with the landlord. The stove and central heating are gas powered and I am not sure whether the furniture is compliant.
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| Answer: |
| The agent's responsibility: The Furniture and Furnishings (Fire)(Safety) Regulations 1988 set levels of fire resistance for domestic upholstered furniture. The Regulations apply to those who 'supply in the course of business' and not to private transactions. In the case of a find-tenant-only situation, where the agent is employed by the landlord merely to find a suitable tenant for a property and to manage an agreement for its letting (provided that the agent was not involved in the preparation of the inventory), the agent is not deemed to be making a supply and would therefore not be directly liable under the Regulations. The agent's key responsibility here (as a professional employed by the landlord) would simply be to ensure that the landlord was aware of the Regulations and their requirements. The Gas Safety (Installation and Use) Regulations 1998 covers the safe installation and maintenance of gas appliances and flues etc. They require that an annual gas safety check is carried out and a certificate to that effect issued to the tenant prior to the letting. If the agent prepares the agreement and checks the tenant into the property, they must at that time ensure that there is a gas safety certificate provided. However, where there is not such involvement (such as the find-tenant-only situation in this example), then the agent's duties are similar to the fire safety regulations - merely to inform the landlord of the safety obligations. The landlord's liability: With regard to furniture safety, the key issue as far as the liability of the landlord is concerned is whether or not the landlord is acting in the course of business and this will be decided on the facts in each case. For instance if the landlord bought the property with the intention of renting out rooms it is more likely to be considered as letting in the course of business than if he is living in his home and decides that he would like a lodger. If, on the facts, you feel that he is letting in the course of business, then the furniture that he provides or 'supplies' to the tenants will have to comply with the Regulations. I suggest that the landlord errs on the side of caution and that he ensures all furniture that the tenant is entitled to use is compliant. If, however, you feel that the commercial basis of letting is incidental to the situation, then he would not have to comply, but it is probably best practice to ensure that the soft furnishings in the tenant's rooms are compliant. With regard to the gas safety, there are no equivalent dispensations for non-commercial or resident landlords. This means that a landlord's gas safety check will need to be performed and a certificate issued to the tenants prior to the letting.
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References:
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Pages:
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Hyperlinks:
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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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Letting Factsheet No 7 |
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factsheet-7
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For more information, discuss on the Forum
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