A LANDLORDS GUIDE TO THE FURNITURE & FURNISHINGS (FIRE) SAFETY REGULATIONS

The Regulations concerning furniture in rented property have been tightened to apply to all accommodation available in the residential lettings market, as from 1st January 1997. Landlord’s letting residential property must ensure that all of their furniture is “fire resistant” to comply with the regulations, otherwise they will be committing a criminal offence. The penalty for this offence is a fine of up to £5,000 and/or six months imprisonment.

What does fire resistant mean?

“Fire resistant” means that the furniture must pass the “ignitability test” as well as the “cigarette test” and the “match test”. This means that all suitable furniture must have:

    * Covers which cannot be set alight by applying a lighted match to them
    * Covers which do not ignite if a smouldering cigarette is applied
    * Filling materials which pass an ignitability test
    * Permanent labelling proving that the item complies with the regulations

The filling must comply with the regulations as well as the covers, because it is the toxic fumes from the fillings, which are the cause of death.

Any furniture manufactured prior to 1st January 1950 need not comply with the regulations, as the toxic substances were not used in manufacture prior to that date. Period or antique furniture is therefore exempt.

What furniture must comply?

All upholstered furniture must comply with the regulations. These include:

    * Three piece suites, armchairs and sofas
    * Beds, headboards, mattresses, divans and bed bases
    * Sofa beds, futons and other convertible furniture
    * Nursery and children's furniture
    * Loose, stretch and fitted covers for furniture
    * Scatter cushions and seat pads
    * Pillows
    * Garden furniture suitable for use in a dwelling

The regulations do not apply to:

    * Bed clothes including duvets
    * Loose covers for mattresses
    * Carpets or curtains
    * Furniture manufactured before 1st January 1950

How can the Landlord tell the furniture complies?

The correct method of displaying compliance is to check that a permanent label is present on all items of furniture. This will apply to new or second hand furniture. Landlords should always check that an item of furniture has a permanent label before making a purchase, beds and padded bases rarely carry a label, but if the item complies with BS7177, it should meet the required standard.

The trading standards department can give guidance, in case of doubt.

Can the Regulations be avoided?

No! It is an offence to either:

    * Give the furniture to the tenant
    * Sell the furniture to the tenant
    * Obtain an indemnity from the tenant that they do not mind the furniture does not comply
    * To store the furniture so that the tenant can put it back in the premises
    * To leave the items off the inventory inferring that they do not exist

What action should the Landlord take?

   1. Do not buy or provide any furniture for a residential letting that does not comply with the regulations. Check that all items carry a         permanent label.
   2. Keep all receipts and invoices denoting purchase and if a label becomes detached keep it in a safe place in case it is necessary         to prove to the agent, the tenant, or other party that the furniture did comply with the regulations.
   3. Ensure that the permanent labels are noted on the inventory.

Further Information

Should you require further information regarding the Gas, Electric or Furniture and Furnishings (Fire) Safety Regulations we recommend you approach:

   1. The Lettings Agent
   2. Trading Standards Office
   3. Environment Health Office
   4. Health and Safety Executive
   5. The Gas Safety action line which can be contacted on 0800 300 363
   6. Obtain a copy of the Guide to the Furniture and Furnishings (Fire Safety) Regulations published by the department of trade and         industry.

The above guides are intended to provide a summary of the regulations to the Landlord, it is not an authoritative interpretation of the regulations, which is a matter for the courts.