HMO And Safety Regulations - What you need to Know

When you let a property you are legally obliged to comply with the current safety legislation that covers services and items in the accommodation you are letting. To help you we have outlined some of the legislation that may affect you – but we encourage you to apply for further documentation from the sources indicated and to take legal advice.

Houses in Multiple Occupation (HMO)

The Housing Act 2004 defines a House in Multiple Occupation as more than two non-related occupants sharing accommodation. It requires an HMO licence (which you should apply for from your local authority) on all properties of three storeys or more with five or more unrelated occupants. In addition, all HMOs have to meet the statutory safety legislation as detailed below.

Gas Safety (Installation & Use) Regulations 1998

These regulations relate to all gas appliances, fittings, pipe work and installations, whether served by mains gas, propane or Calor gas. It is now our duty to make landlords aware of their responsibilities under the above regulations in order to reduce the risk of death or serious injury to tenants. The Regulations require that an annual safety check is completed and any remedial works recommended are carried out promptly by a Gas Safe Registered engineer. We must have a copy of the annual Gas Safety Record in our possession prior to any let proceeding. In cases where we are instructed as managing agents, we have direct responsibilities under the above regulations.

Smoke Detectors

Incorporated into the Building Regulations 1991, all newly built homes must be fitted with mains operated smoke detectors. They must be installed on each floor and must be interlinked. There are currently no regulations governing property other than new homes and HMOs, but all fire safety officers would advise the installation of battery operated devices as a minimum. We therefore advise you to install smoke detectors on every floor of your property (we can undertake this on your behalf upon specific request). The detectors should comply with British Standard No. 5446 (part 1). It is important that the detectors are fitted horizontally and that they are regularly checked particularly battery operated devices.

Electrical Safety

If you provide any electrical equipment as part of the tenancy the Electrical Equipment (Safety) Regulations 1994 require you to ensure that the appliances are safe when first supplied. Each time you re-let the property it will be classed as supplying equipment to that tenant for the first time. You therefore need to maintain the electrical equipment you supply, taking reasonable practical precautions to ensure the appliances are safe. A combination of formal visual inspections and testing carried out by a qualified electrician will achieve this. This test is known as a portable appliance test (PAT). In addition, the Housing Act 2004 requires that the fixed electrical installation within the property must be properly tested and certified at a maximum of five yearly intervals. Failure to meet the current regulations and / or the supply of defective equipment can lead to imprisonment and a heavy fine. All electrical installations and works have to comply with Part P of the Building Regulations. Countrywide ensure that all of our electrical contractors are fully qualified to comply with this area of the legislation.

Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended)

There are strict regulations in respect of the fire resistance of soft furnishings included in any rented accommodation. It is an offence to “supply” in the course of business, any furniture to which the regulations apply, unless the furniture meets the “cigarette test”, “match test” and the “ignitability test”. Furniture must carry the appropriate labels to show compliance.

The Regulations cover all upholstery and upholstered furnishings, including loose fittings and permanent or loose covers. It includes beds, mattresses, pillows, settees, armchairs, scatter cushions, garden furniture and bean bags. Carpets and curtains are not covered, nor is furniture manufactured before 1950. Failure to comply with these regulations is an offence and carries a potential penalty of £5,000 or six months’ imprisonment. A greater penalty may apply if a fire results and furniture is found not to comply. Damages may also be sought in a civil action in the event of a personal injury being caused to the tenant.

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