Landlords are under a common law duty to ensure that the property they provide is safe. All residential properties in England and Wales should comply with building regulations on aspects such as:
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Means of emergency escape, particularly where sleeping accommodation is provided on 2nd and 3rd floors
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Fire doors and emergency exits, passages and escape routes
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Fire alarms and fire extinguishers
As a minimum, landlords should remove potentially dangerous appliances and heaters and fit smoke alarms. A fire extinguisher and kitchen fire blanket might also be a wise precaution.
Again, there is no requirement for this, but an annual safety check (risk assessment) is a wise precaution for any landlord or agent. Documenting this on an annual basis will provide adequate evidence of due diligence on the landlord's or agent's part in the event of an incident.
Fire Alarms
The Building Regulations require that all properties built after June 1992 must have a mains operated inter-connected smoke alarm fitted on every level of the property.
Older properties do not have to comply, but landlords would be well-advised to provide at least battery operated smoke alarms in the property.
It is important to determine who is responsible for testing and maintaining the smoke alarms - the landlord, agent or tenant. If the agent is to be responsible, this should be noted in the management contract. If the tenant is to be made responsible for this, then adequate warnings must be given in writing.
Documents such as the tenancy agreement, the inventory and the appliance operating instruction and emergency procedures information pack given to tenants, should mention the responsibility of the tenant to test and replace batteries in smoke alarms when fitted.
Furnishings
Furniture and furnishings supplied in rented properties must comply with The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended).
Some materials used to fill or cover furniture may be a fire risk, highly flammable and may produce poisonous gases on burning eg cyanide or carbon monoxide. The Regulations set to phase out potentially dangerous furniture and furnishings and ensure that those left, or newly provided, can pass tests for fire safety.
The Regulations apply to furniture provided in rented accommodation ie accommodation let in the course of a business. They therefore affect landlords (including estate agents and letting agents) who let such accommodation.
Further Information
For more information on the Furniture and Furnishing (Fire) (Safety) Regulations 1988 (as amended) click here