Landlords and letting agents are included under the scope of the regulations. In 1993 amended regulations were introduced and specific attention is drawn to the responsibilities of letting agents and those engaged in the “letting of accommodation”. The regulations are concerned with the “supply” of furniture and furnishings and it has been established in many cases, a letting agent or commercial landlord is deemed to be “supplying in the course of business” when these types of items are included within a property.

A large part of the regulations deal with the duties of manufacturers and importers (if manufactured abroad) in producing and supplying domestic furniture and furnishings to the required standards of fire resistance.

Two Tests

The standards include two tests. The match test and the cigarette test.

The effect on new furniture is that the regulations require such products manufactured after 1st March 1989 or sold by a retailer after 1st March 1990 to be to the new standards and will be labelled accordingly.

Second-hand furniture

From 1st March 1993 landlords and letting agents are expected to ensure that [amember_protect levels='keywee' user_action='error' user_error='amember_error_default_user' visitor_action='error' visitor_error='amember_error_default_guest']any soft furniture complies with the regulations. There are some transitional arrangements for properties already being let at this date.

Main provisions are:

• Upholstered articles (i.e. beds, sofas, armchairs etc.) must have fire resistant filling materials.
• Upholstered articles must have passed a match resistance test or, if of certain kinds (such as cotton or silk) be used with a fire resistant inter liner.
• The combination of the cover fabric and the filling material must have passed a cigarette resistance test.

The regulations apply to:-

• Beds, headboards of beds and mattresses
• Soft-beds, futons and other convertibles
• Nursery furniture
• Garden furniture that is suitable for use in dwellings.
• Scatter cushions and seat pads
• Pillows
• Loose and stretch covers for furniture
• Extra or replacement furniture purchased for rented accommodation.

The regulations do not apply to:-

• Antique or any furniture made before 1950.
• Bed-clothes (including duvets)
• Loose covers for mattresses
• Pillowcases
• Curtains
• Carpets
• Sleeping bags

RECOMMENDED ACTION

1. New letting after 1st March 1993
a. Inspect property for non-compliant items before letting
b. Insist that any non-compliant furniture be removed or replaced prior to letting.

2. Lettings in existence prior to 1st March 1993
a. Ensure that any replacement furniture complies with regulations and keep all receipts and attached labels. Do not buy furniture that does not comply.
b. Make a replacement plan so that all non-compliant items are replaced before the property is first re-let after 31 December 1996.

3. Duty of care by letting agents
The agent has a duty of care to the client to give proper advice about the regulations.

FIRE RETARDANT SPRAY TREATMENT

Some firms are now offering to spray furniture with a fire-retardant spray “to make it fire proof”. The DTI (Department of Trade and Industry) have stated that this treatment is in many cases ineffective as the spray serves to treat the covering fabric but not the foam
filling.

Transitional arrangements

Properties let prior to 1st March 1993 shall comply with the new standards with the first new letting after 31 December 1996.

Defence of due diligence

Regulation 39 of the regulations provide a defence of “due diligence”. That regulation provides that it shall be a defence to show that a person took all reasonable steps and exercised all due diligence to avoid committing the offence. Asking for proof of the date of purchase of the item would be a good verification.

Enforcement

Officials of the local trading standards office will be responsible for ensuring compliance and initiating any proceedings. The general policy is to investigate only following a complaint or serious incident such as a fire in a rented property.

Penalty

The maximum penalty for non-compliance is six months imprisonment or a fine of £5,000 or both.[/amember_protect]