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SAFETY REGULATIONS
LETS
GROUP would like to draw your attention to the following safety legislation
and regulations as there has historically been a lot of confusion amongst
landlords, agents and tenants in respect of safety legislation and regulations.
The following is our interpretation of the legislation. It should be noted
that in several areas there is little or no case law to refer to and it
is the Courts who will make the final decision.
1. FIRE & FURNISHINGS - The Furniture and Furnishings (Fire) (Safety) Regulations 1988 - Amended 1993. All upholstered furniture (including loose fittings and covers) included in a tenancy and manufactured after 1950 must comply with the regulations and therefore be fire proof, pass the relevant ignitability test and be labelled as such. THE PENALTIES FOR NON COMPLIANCE ARE SEVERE - UPTO 6 MONTHS IMPRISONMENT AND/OR A £5000.00 FINE.
2.
GAS - Gas Safety (Installation and Use) Regulations 1998.
The responsible person for any premises shall not use a gas appliance or permit a gas appliance to be used if at any time he/she knows or has reason to suspect it cannot be used without constituting a danger to any person. In addition please be advised that:
At the commencement of any tenancy, the landlord or his agent must provide
each tenant with a copy of a current Gas Safety Record (certificate) covering
the requirements set out in the regulations.
- These regulations cover ALL appliances (the entire gas installation)
and not just central heating.
- Only specifically registered CORGI engineers are approved to be used
under these regulations. Not all CORGI registered engineers are approved
to carry out the test.
- A new Gas Safety Record must be provided to the tenants within 28
days of the expiry of a previous certificate.
- Copies of the Gas Safety Record should be retained for 2 years.
FAILURE TO COMPLY WITH THESE REGULATIONS IS A CRIMINAL OFFENCE.
3.
ELECTRICITY - The Electrical Equipment (Safety) Regulations 1994.
These regulations make it very clear that equipment you supply must be
"safe" and not cause "danger". ARLA (Association of
Residential Letting Agents) strongly advises you to arrange testing of
the supply and all appliances at the initial letting and at regular intervals
thereafter, perhaps 2-3 years or between tenancies, or more often for
old and suspect supplies or appliances. Instruction booklets for all newly
purchased appliances must be provided. Testing must be carried out by
a competent person possessing and understanding the correct equipment.
PENALTIES COULD AMOUNT TO IMPRISONMENT, A FINE OR BOTH.
4. SMOKE DETECTORS - Building Regulations 1991. Any building where the application was submitted after 1st June 1992 must have mains operated smoke detectors. We would recommend that battery operated smoke detectors are fitted on all floors of all buildings.