Safety of goods in let and rented accommodation

This includes goods made available for the exclusive use of tenants or paying guests by anyone who lets residential accommodation as a business activity.

When do these rules apply?

Residential accommodation includes houses, flats and bedsits.

The rules apply to long and short-term lettings, including self-catering holiday accommodation.

People letting residential accommodation could be letting agents, estate agents, or private landlords.

Which goods are affected?

The most common are:

• electrical equipment and plugs

• upholstered furniture

• fireguards

• oil heaters

• gas cookers

• carry cot stands

• bunk beds

• toys 
• highchairs.

‘Built in’ appliances are not covered by this legislation but you still have an obligation to make sure they are safe.

Furniture

What the law says about furniture

All upholstered furniture included in lettings has to comply with the Furniture and Furnishings (Fire) (Safety) regulations 1988. These regulations have the same standards that apply to new furniture in the shops.

The regulations apply to furniture of any description for private use including beds, divans, sofa beds, children’s furniture, cots, cushions, high chairs, mattresses and pillows.

The safety provisions require that:

• this furniture must pass the cigarette test

• fillings must be fire retardant

• the covers must pass the match test.

Some of the above do not apply to mattresses, bed bases, pillows, cushions, and insulated bags for carrying infants under the age of six months.

Furniture made before 1 January 1950 is excluded from the controls. Bedclothes, carpets, curtains and pillowcases are also excluded.

How to tell whether furniture complies

• Upholstered furniture meeting the requirements will normally carry a permanent label with the heading ‘carelessness causes fire’ and a batch number. 

• With mattresses, look for a label stating compliance with BS7177.

Any items not bearing this labelling may not conform to the regulations. We advise you not to include them in any letting until you have had expert advice.

Most furniture manufactured before 1988 will not comply. However, furniture made before 1950 is exempt.

Electrical equipment

What the law says about electrical equipment

Electrical equipment supplied with the accommodation must be safe. If it complies with an acceptable standard, e.g. a British/European standard, then it will normally meet safety requirements.

These safety requirements cover:

• labelling, construction, design and manufacture

• insulation and earthing

• protection from electric shock

• adequate guards for radiator heaters preventing excessive heat, radiation, or toxic gases

• the need to provide instructions for safe use.

Wiring colour codes

The wires of a 3-core mains lead are usually coloured as follows:

• earth: green and yellow

• neutral: blue

• live: brown.

The old red, black and green colours make the product unsafe and therefore illegal. If you change a lead, have it checked by an electrician. Incorrect wiring may cause electrocution.

Plugs and sockets

Electrical appliances must be correctly fitted with an approved plug with sleeved pins.

All plugs should carry the name and reference number of the approving body, normally BSI or ASTA. The plug does not have to be moulded on but it must have the correct fuse for the appliance. Some appliances may be supplied without a standard plug. For instance, they may be intended to be permanently connected to a fixed wiring.

All sockets (e.g. on mains extension leads), adapters and similar devices must meet British standards.

Electric fires

Electric fires for use in the home must have a fireguard that meets British standards, or the European equivalent.

The distance between the bars and the strength of the guard are laid down in these standards.

The fireguard is satisfactory if any vertical bars are 5mm or less apart. Otherwise the guard must satisfy one of the following:

• If the horizontal bars are 12mm or less apart then the vertical bars must not be more than 125mm apart.

• If the horizontal bars are 20mm or less apart then the vertical bars must not be more than 50mm apart.

Electric blankets

We advise you not to supply secondhand electric blankets because their history, usage and condition may be unknown.

How to tell if electrical equipment complies

• You must take all reasonable precautions to ensure electrical equipment is safe and correctly labelled.

• We strongly advise having the equipment checked by a qualified electrician before the start of each let.

• It would be good practice to have the equipment checked at regular intervals after that.

• We advise you to get and keep paperwork detailing the equipment, the test carried out and the results.

Gas appliances

There are requirements relating to the installation and use of gas appliances, which the Health and Safety Executive enforces. For further information, contact the HSE Safety Advice Line on 0800 300 363.

Such appliances must be checked once a year. Gas fires should have adequate fireguards and gas cookers should have:

• sealed oven doors

• properly working igniting devices

• available operating instructions

• adequate and clearly marked gas controls

• a marked warning against closing any hob lid with the heat still on (if necessary).

Oil heaters

These appliances must also comply with legal safety requirements that require labelling against:

• using petrol as fuel

• carrying the heater when alight

• using it in an unventilated area

• exposing it to draughts when alight.

There are also requirements that appliances are stable and have:

• easy and accessible flame regulation

• an automatic flame extinguishing device if knocked over
• fireguard openings not exceeding 150mm x 35mm.

Carry cot stands

These must be labelled with the size of cot which can be accommodated, have a means of stopping the cot from falling off the stand, have a suitable base and be a maximum of 432mm above floor level.

Bunk beds

Bunk beds should comply with BSEN747 and must not have gaps exceeding 25mm between the bed base and sides or ends. The distance between the upper edges of the safety barrier of the top bed and the upper side of the bed base must be at least 260mm. The top of the mattress must be at least 160mm below the upper edge of the safety barrier. Any other gap must be a minimum of 60mm and a maximum of 75mm.

Toys

Toys must be CE marked if manufactured before 1990 and be in good condition. Worn toys with loose attachments (eyes, buttons etc) or exposed sharp points or edges are a potential hazard.

Highchairs

Highchairs should normally comply with BS5799 and be marked as such as well as with the details of the UK distributor. They should also be marked with a warning that the child should at all times be fitted with a safety harness whilst in the chair and should not be left unattended.

Multi-purpose high chairs (those that convert to pushchairs and/or baby walking frames) should comply with BS4792 and/or BS4648.

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