Smoke alarms - landlord legal obligations?

sueylouy

Can someone let me know please if a landlord has to (by law) supply and fit smoke alarms to a furnished rented property ?
Thanks Sue

barnaby-bear

sueylouy wrote: »

Can someone let me know please if a landlord has to (by law) supply and fit smoke alarms to a furnished rented property ?
Thanks Sue

• My letting agreement says that pets are strictly forbidden but my tenant is requesting that he be allowed to keep a small dog saying that he knows of other tenants in the area who keep pets and that the dog is no trouble.
  • Terms which ban outright the keeping of pets may not be enforceable because these could apply to, for example, a goldfish. However, terms which state "no pets which could cause damage to the property or be a nuisance to other residents" may well be enforceable. Where pets are allowed the tenant should agree in writing to compensate the landlord for any damage caused including cleaning, insect/flea and smell eradication on leaving
• A tenant wants to give notice to quit as she is outside the fixed term
  • The tenant is on a 12 month contract which means she is committed to this. There are several options here: (1) the landlord can voluntarily release the tenant from the contract (2) the landlord can release the tenant from the contract agreeing compensation for losses - re-letting expenses and void time (3) the tenant can find another tenant acceptable to the landlord, whilst paying re-letting expenses (4) the tenant leaves anyway, in which case the landlord can sue for breach of contract, but must mitigate these losses by re-letting as soon as possible, but claiming all re-letting costs here is quite legitimate.
• A landlord is selling the property and tells his tenant she cannot leave early. The new owner says he wants the tenant out when he takes over, which is before the end of her tenancy period.
  • The new owner is bound by the tenancy and cannot evict the tenant until her tenancy ends. He must also have served a two-months' section 21 notice. If the tenant so desires she can refuse to leave until the new owner obtains a court possession order.
• When a piece of household equipment (e.g. a fridge) breaks through old-age rather than miss-use, who is generally responsible for the item's replacement - the tenant or the landlord? The contract I use says the tenant is responsible for any damage but does this apply to things that break down?
  • If the equipment is supplied by the landlord as part of the letting then it's up to the landlord to repair or replace as necessary. Accidental damage should be covered by the landlord's insurance or the tenant's own insurance. If the damage could be shown to be caused by misuse or abuse, then the tenant would be liable. Remember, the landlord is obliged to provide full operating instructions for all equipment supplied, so the if these are not provided it could be a good defence for the tenant against misuse.
• Is there an obligation for landlords to fit smoke alarms in tenanted property?
  • If the property built was since June 1992 it must be fitted with mains powered smoke detector alarms on each floor level. As yet there is no legislation requiring smoke alarms to be fitted in older tenanted properties, but it is considered that common law 'duty of care' means that Landlords and their Agents could be liable should a fire cause injury or damage in a tenanted property where smoke alarms are not fitted. It is therefore strongly recommend that the Landlords fit smoke alarms - at least one alarm on each floor and preferably in the hall and landing areas. Where battery operated alarms are fitted batteries must be replaced and the alarm tested regularly and landlords should ensure that the onus for doing this is placed firmly on the tenant. Ideally, a warning letter should be given and the agreement should mention this. HMOs have special fire regulation requirements and you should consult your local authority building control section should you have queries about fire precautions in any type of tenanted property. December 2003
    

http://www.landlordzone.co.uk/faq_residential.htm

To be honest a LL that is too tight to protect their property and own back from the rish of failing in implied duty of care is to be avoided. Even the dosiest of LL's could get this information from google/NLA. If it's an HMO and they haven't got them then a real muppet.

theartfullodger

Can someone let me know please if a landlord has to (by law) supply and fit smoke alarms to a furnished rented property ?
Thanks Sue

And in bonnie Scotland, if property is on more than 2 floors, they must be mains-powered with battery back-up & linked by wires...regardless of age of property... Also HMO in Scotland is for 3 or more unrelated people, so 3 Pollackshiels Plumbers would be an HMO in a Bungalow...

Furnished/unfurnished makes no difference as regards smoke detectors (E&W & Scotland): Any furniture must comply with Fire Regs however (wee labels on't Sofas etc...)

(You don't say where you are..)

As barnaby says, if LL is scrimping on things like this start worrying.

Cheers!

Lodger (Landlord since 2000)

samroo

It may be the Landlord's responsiblity to fit the smoke alarm, but to be honest if there;s not one buy one and fit it yourself.

tbs624

Any LL who doesn't provide them is foolish - it protects their property as well as the lives/wellbeing of their tenants.In the event of there being a fire, it's a clear indication that the LL has shown some "due diligence"

Here's what the HHSRS (housing health and safety hazard rating system" says -link - see 24.27, under Fire - "Preventive Measures and the Ideal" : "

"there should be sufficiently properly designed and appropriately sited smoke and/or heat detectors with alarms in every dwelling"

That said, this is one of those areas in which if I were the T I'd simply buy one for each floor ( 10 quid total) and then write to the LL (keeping a copy) enclosing a copy of the receipt and invite him to pay for them whilst requesting his written permission to afix them to the ceilings of the property. If s/he doesn't agree on either of those things then write confirming and fix them up anyway, stating that you will take them with you when you go and make good any screw holes. If its an HMO pursue the matter via the local Council private sector rentals team/HMO reg team.

vicstick86

If the landlords an !!! and doesnt supply them, just get in touch with your local fire brigade, they will send someone lovely fireman round to fit them for free!! hoorah!

roses

Some landlords don't provide them because they are then obliged to maintain them which means testing them at least once a month.

There's no legal obligation. As stated above, go and buy one yourself for £10 from B&Q.

amersall

i would buy my own, i would not put my life in danger because landlord didnt put a smoke alarm in,

Geenie

roses wrote: »

Some landlords don't provide them because they are then obliged to maintain them which means testing them at least once a month.

There's no legal obligation. As stated above, go and buy one yourself for £10 from B&Q.

I do not think LL's are obliged to go and test smoke alarms once a month in their tenants properties! Else we would be done for hassling them. I do think that any decent LL would provide them automatically, but then it is up to the tenant to check them if battery operated. I always show new tenants how to do this.

I have mains and battery smoke alarms in the properties. The mains are checked by an electrician once a year when he is doing the other checks, and the battery ones are provided with new batteries at the start of a tenancy, and also checked for any faults. Because my electrician is also a retained firefighter, he is very clued up on this aspect, and also knows that any smoke alarm has only a certain life, so needs replacing after so many years to be safe. The battery ones are replaced free of charge as already mentioned, the fire service provide them for nothing!

I also have fire extinguishers in the properties and fire blankets in the kitchens. Wouldn't think of letting them with anything less.

Tim_Deegan

If you don't have smoke alarms at all, then contact your local fire service who will carry out a free home safety check. This includes supplying and fitting free smoke alarms. As they are free, then don't take the risk of not having them.

poppysarah

Second that Tim, and you get a great quality smoke alarm off the fire brigade too.