Posted 12.03.15
Private sector landlords will be required by law to install working smoke and carbon monoxide alarms in their properties, under measures announced by Housing Minister Brandon Lewis.
The move aims to help prevent up to 36 deaths and 1,375 injuries a year.
The measure is expected to take effect from October 2015, and comes with strong support after a consultation on property condition in the private rented sector.
England's 46 fire and rescue authorities are expected to support private landlords in their own areas to meet their new responsibilities with the provision of free alarms, with grant funding from government.
This is part of wider government moves to ensure there are sufficient measures in place to protect public safety, while at the same time avoiding regulation which would push up rents and restrict the supply of homes, limiting choice for tenants.
The proposed changes to the law would require landlords to install smoke alarms on every floor of their property, and test them at the start of every tenancy.
Landlords would also need to install carbon monoxide alarms in high risk rooms - such as those where a solid fuel heating system is installed.
Those who fail to install smoke and carbon monoxide alarms would face sanctions and could face up to a £5,000 civil penalty.
This would bring private rented properties into line with existing building regulations that already require newly-built homes to have hard-wired smoke alarms installed.
The allocation of funding to fire and rescue authorities to offer free smoke and carbon monoxide alarms to local landlords will be announced shortly.
Posted 02.03.15
Further to recent reports in the housing press relating to gas safety, as much as ever, RPs need to be aware of their various obligations under the home standard of the consumer standards of the regulatory framework.
Gas safety matters would fall under the home standard, as part of the health and safety provisions. The HCA's regulatory responsibilities under the consumer standards are limited to setting the standards and intervening when there is serious detriment or a risk of serious detriment to tenants.
The serious detriment test is set out in the regulatory framework and allows the HCA to use its regulatory and enforcement powers if it thinks a standard has been failed and there are reasonable grounds to suspect that:
In defining serious detriment, the threshold for intervention is intended to be higher than for the economic standards (i.e. governance and viability) and failure to meet a consumer standard will not necessarily in itself lead to a judgement of serious detriment by the HCA.
The HCA considers that the meaning of serious detriment is when there is risk of - or actual - serious harm to tenants. The evaluation will depend on the facts in each case.
Serious detriment will be assessed by the HCA based on the degree of harm - or potential harm - that may be caused to tenants by the breach. Where the HCA believes that the serious detriment threshold has been crossed in relation to the consumer standards, or may be crossed if effective remedial action is not taken, then it may also assess the implications of this against the economic standards and particularly the governance standard. Depending upon the outcome this could therefore result in a governance rating being downgraded.
If the HCA finds serious detriment, it will consider:
Whilst it is not to say that the HCA will necessarily find a case of serious detriment, it is important that RPs know what the HCA's position is in relation to gas safety and the consumer standards. This allows RPs to assure themselves that in the event of any investigation they can satisfy themselves that all appropriate mitigating steps and rectifications were taken and in a timely manner.
RPs should be prepared to take legal action where necessary to ensure that their gas compliance is 100% with the use of injunctions etc. if needed.
RPs should also ensure that where the gas maintenance is contracted out, suppliers are fulfilling their duties to the required standard. A landlord function that is contracted out is still one for which the landlord will ultimately be held responsible.
RPs will no doubt be aware that the HCA has found three cases of serious detriment in relation to gas safety and in each case those organisations had their governance rating downgraded. The Consumer Regulation Review 2013/14 sets out that these cases highlight an important issue about openness with the HCA expecting RPs to identify and make the HCA aware of likely breaches of one or more of the consumer standards in a timely way.
It is important that RPs can show a clear audit trail in relation to any alleged defaults as evidence to the HCA that they dealt with the defaults in a timely manner. Given the potential seriousness of any gas safety breaches, RPs should engage with their lead regulator as soon as possible to make them aware of the situation and also explain what is being done to rectify or avoid any potential harm to tenants.
This article has been reproduced from guidance provided by Croftons Solicitors. For further information, contact Jo Savage - Tel: 0161 214 6188; Email: jo.savage@croftons.co.uk.
