HMO
Safety Legislation - Information for landlords
There
is a new standard to achieve in rented accommodation, not only for HMO
type properties, but all flats and houses for rent. This new standard
is achieved by the:
Housing
Health & Safety Rating System or (HHSRS)
The key structure of the system is that a dwelling, including the structure
and associated outbuildings and garden, yard and/or other amenity space,
and means of access, should provide a safe and healthy environment for
occupants and, by implication, for any visitors.
It
should be borne in mind that all flats and houses for rent contain hazards,
for example stairs, gas, electric, hot water, cables, fires, cookers,
mats, rugs, glass,
appliances etc. and it is not possible (or desirable) to remove all
hazards. The emphasis should be to minimise the risk to health as appropriate.
Merseyrentacom
ensure that all of our flats and houses to rent in Liverpool and Birkenhead
meet stringent property guidelines. We can also undertake management
of your properties, and advise on necessary upgrades.
Some of the issues that we guard against through upgrades include:
•Dampness,
excess cold / heat
•Pollutants e.g. asbestos, carbon monoxide
•Lack of space, security or lighting or excessive noise
•Poor Hygiene, sanitation, water supply
•Accidents – fall, electric shock, fires, burns, scalds
•Collisions, explosions, structural collapse
Damp and mould growth caused by rising or penetrating damp should be
seen as a high priority Condensation mould should be addressed by better
ventilation and ambient temperatures
Asbestos
and such like need to be removed from the property by specialist firms
Carbon Monoxide detectors should be installed
Security
measures should be put in place, such as 5 lever locks on main entrance
doors, security lighting with PIR detectors
Better
provisions for waste products, food. Provisions for storage of cleaning
agents away from food storage and preparation areas.
Constant
supply of clean hot and cold water
Safeguard against trips or falls due to uneven surfaces, worn carpets
etc. Safeguard against electric shock by having the installation tested
by an NICEIC contractor Safeguard against fires by installing smoke
detectors as standard, fire extinguishers and blankets in kitchens.
Safeguard against structural collapse by regular and routine maintenance
throughout the letting
These
areas ae some of the guidelines that councils have addressed to ensure
that properties are let to a suitable standard. Not only that, under
another piece of legislation is The Regulatory Reform (Fire Safety)
Order 2005 which applies to all non-domestic premises other than some
specifically listed exemptions. Under this order which now make it mandatory
for fire officers have to be consulted on all HMO’s to decide
on the best course of action to follow to safeguard against fire in
the common areas of HMOs.
Not
all HMO’s are the same, and therefore, are treated differently
once the Rating Score has been determined, but the basics are always
there:
•Fire
Safety
•Means of Escape
•Electric Safety
•Gas Safety
•Furniture Safety
•General Hazards, such as trips or falls from uneven surfaces
•Overall amenity standards in the property
Is a fire risk assessment based approach where the responsible person(s)
for the premises or area they have control must decide how to address
the risks identified, while meeting certain requirements.
By
adopting a fire risk assessment, we look at how to prevent fire from
occurring in the first place, by removing or reducing hazards and risks
(ignition sources) and then at the precautions to ensure that people
are adequately protected if a fire were still to occur. Therefore the
main emphasis of the changes will be to move towards fire prevention.
The
fire risk assessment must also take into consideration the effect a
fire may have on anyone in or around premises plus neighbouring property.
The building fire risk assessment is also kept under regular review.
Electrics
The HHSRS makes provisions that the electrical installation must be
in sound condition and therefore the only way to make certain that this
is safe and to BS7671:2008, which is known as 17th Edition of the IEE
wiring code which came into effect from the 1 July 2008. All commercial,
domestic and industrial wiring installations must be designed, constructed,
inspected, tested and certificated to meet the requirements of BS 7671:
2008.
The
installation must be inspected by an accredited contractor. Many councils
will only accept an NICEIC or ECA accredited contractor, although there
are other accreditation bodies, these are the most widely accepted.
As
this is a new standard, properties having not complying with the 17th
Edition will fail. However, it will be up to local authorities to decide
on what action is taken for properties that have been rewired during
the last 5 years - the 16th Edition. It may be accepted that so long
as there are no Code 1 or Code 2 Hazards which are life threatening
hazards , that local authorities will accept these until the next Licence
application, when they will need to be brought up to the 17th Edition.
For
new HMO applications, it is anticipated that the wiring must conform
to the 17th EDition of the IEE Code
Plan for regular (perhaps annual) checks on the property for maintenance
purposes, as damage by tenants or alterations on the property can affect
the property condition.
Landlord’s
must comply with the following:
•Plugs
Sockets etc (Safety) Regulations 1994
•Electrical Equipment (Safety) Regulations 1994
•Low Voltage Electrical (Safety) Regulations 1990
Which inturn form the basis of the wiring code. It is so easy to assume
that all is working, yet, tenants can change fuses in plugs to the wrong
rating.
Gas safety (Installation and Use) Regulations 1998 and amendments
These Regulations makes it a legal obligation to ensure that ALL gas
appliances, whether fixed or portable, be maintained and checked every
12 months. A record should be kept of these checks and any maintenance
undertaken.
The
appliances should be checked and maintained only by qualified Gas Safe
registered installers. The checks also apply to flues, pipework and
ventilation.
Information
must be supplied to the tenants of such checks and any previous maintenance
work records must be made available to them.
Any
breach of the Regulations could result in prosecution - with fines now
up to £60,000 and/ or even imprisonment for severe non-compliance
where death or injury is caused.
Fire and Furnishing (Fire) (Safety) Regulations 1988
Fire and Furnishings (Fire) (Safety) (Amendment) Regulations 1993
The
Regulations apply to all upholstery and upholstered furnishing, loose
fittings; permanent or loose covers, which we will refer to as "Furniture"
in this article, but the technical criteria, are beyond the scope of
this article.
You
cannot give, sell, lend or supply in any other way Furniture that does
not comply with the Regulations.
Labels
must be attached to the Furniture to say that the article complies.
If
no label is visible, it will be deemed NOT to comply and must be removed
from the property. In certain circumstances, if document can be produced
to confirm the article complies, this may be acceptable. On mattresses,
if there is no label, there may be a BS number, this should be BS7177
and is acceptable.
Section 11 of the Landlord & Tenant Act 1985 - Structural Repairs,
Drains, Gas and Electric supplies
The landlord is responsible to keep in repair the structure and exterior
of the property (including drains (foul and rainwater), gutters, downpipes
in proper working order and keep in repair the installations in the
property for the supply of water, gas and electricity and for sanitation
(unless damaged by the tenant).
Glass Doors / Windows / Glass in furniture (Tables etc)
Low
window cills or windows were the cill is 800mm from the floor or less,
then the glass must be toughened. If there is an internal door and glass
panelling alomg side then the glass in the door must be toughened upto
1500mm from the floor and the side panels toughened upto 800mm (this
is the critical area and will be applicable to 300mm to either side
of the door. In reallity, it may be cheaper to replace the door and
side panel. Failure to ensure the correct glass being fitted may render
you liable for prosecution under the Health And Safety at Work Act 1974,
General Product Safety Regulations 2005 and Consumer Protection Act
1987.
General Product Safety Regulations 2005
The "Catch All" Regulations came into force implementing a
European Council directive.. Any product supplied to a consumer (in
this case the Tenant) must be safe. A dangerous product is defined as
one that is not safe. Only antiques are exempt.
Replacing
glass in tables, will come into this category, so remember when replacing
broken glass table tops, to ensure that they are toughened.
Failure
to comply with any of the regulations may result in prosecution.
Building
Regulations 2000 (As amended 2002)
It should be noted that any complete new window replacement should be
of double glazed construction with suitable insulating properties such
as “ K “ marked glass.There is again a update on the above
with the introcduction of the Building Regulations 2009
Any
replacement central heating boiler should be of adequate size and energy
efficient for the property and that All external heating controls will
need to be upgraded as well.
Energy Performance Certificate (EPC)
From 1st October 2008 all residential rental properties, including HMOs,
will need to have an Energy Performance Certificate or EPC for new lettings.
Existing lets will, at present remain unchanged. However the EPC will
be required if that property is re-let. This is the same report as required
for the Home Information Packs (HIPS) when selling a property.
Where
there is one tenancy, and the property is shared, the landlord must
ensure that the property has an EPC prior to marketing.However, if the
property is split into bedsits and each room has its own amenities,
and the tenants are on individual tenancies, there is NO requirement,
at present for the provision of an EPC
Fire Precautions
As part of protecting the property against fire and the safety of the
occupants, there must be a provision of a “Protected Route”
, and the provision of other fire precautions. Together, these provisions
aim to help minimise the risk to occupiers from fire and smoke inhalation,
Most
local authorities will ask landlords to provide suitable fire precautions
to the property. To acheive this, there may be extensive works required.
A good example of what work is required to ensure that the property
comes up to the required standard is shown in City & County of Swansea's
Means of Escape document C found by clicking the link below
Means of Escape in Case of Fire document
The Protected Route
In most cases this is done within the building rather than an external
fire escape and will usually utilise the main stairway and internal
hallways. This will provide safe passage out of the building. In the
event of a fire the purpose is to be able to have an area free of flame
and smoke for at least 30 minutes, to allow safe evacuation of the building.
Where
there is abathroom behind a kitchen, there must normally be a secondary
Means of Escape, as should afire start in the kitchen and one is in
the bathroom, you will have no way of getting out. Therefore normally
a Tilt & Turn window will be required and a fire escape leading
to the ground floor will be necessary.
All
doors leading on to the Protected Route must be fire resistant and fitted
with self closing mechanisms which can be overhead type or a new type
of self closing hinge. These Fire Doors must be fitted to a high standard
in order to maintain their effectiveness. Typically, bedrooms, living
rooms and kitchens have direct access onto the hallway within the Protected
Route.
Also
there must be Vertical and horizontal fire resistant separation between
individual rooms again meeting half hour fire rating. Depending on the
construction of the property, there may be need to upgrade partitions
to achieve this rating.
Other Fire Precautions
By providing fire fighting equipment such as fire extinguishers and
fire blankets, a small fire can be dealt with quickly by the occupants.
So best practice and again the local authority standard may require
you to provide an extingusher on each level, a powder extinguisher along
with a fire blanket in each kitchen.
The
provision of a smoke detection system will be required, in two storey
properties the local authority will certainly ask for mains interlinked
smoke and heat detectors to be installed (L3). Where as in three or
more storey properties, the installation of a fully automated fire alarm
system (L2 type) will be required. This must be installed by a qualified
person and commissioned – a certificate will be required for licensing.
This system will need to be maintained by a qualified person and a fire
test should be completed once a month.
The
installation of emergency lighting in areas such as the Protected Route,
giving illumination should the main power fail during an incident.
Fire
escape direction signs should be fitted to indicate the direction one
should follow to exit the property safely.
Items
should not be stored within the Protected Route as this could negate
the effects of the fire precautions made. Gas meters should also be
re-sited from the Protected Route. Electric meters sited in under stair
cupboards will also have to be re-sited.
