Information is available from the Trading Standards Institute to help consumers. Please note the county council is not responsible for this information.
In the guide
This guidance is for England, Scotland & Wales
As a tenant, you have the right to expect that furniture, gas appliances and electrical equipment in rented furnished accommodation are safe. The landlord is legally responsible for ensuring these products meet safety standards, although they may have contracted the management of the accommodation to a letting agent.
There are specific safety regulations that cover certain types of products. For all other products, both new and second-hand, the General Product Safety Regulations 2005 apply.
This guide explains how key safety legislation applies to products in rented accommodation.
When you rent accommodation that you have not rented before, the Furniture and Furnishings (Fire) (Safety) Regulations 1988 set out requirements for the safety of any upholstered furniture supplied. These Regulations were introduced to reduce the number of people killed and injured by toxic fumes given off when some upholstery materials burn. They cover any furniture that includes upholstery (unless it was made before 1950) for example:
The Regulations do not apply to:
However, it is important to note that these products are covered under the General Product Safety Regulations 2005.
Upholstered furniture generally must have:
Check to see that a permanent label is present as this is the best way to show compliance. The label must be securely attached to the furniture and in the case of a set of furniture be attached to each individual piece.
There are two versions of a permanent label. One giving full information about the furniture or a shorter label giving only the minimum information. Most furniture should have a label entitled 'CARELESSNESS CAUSES FIRE'. An example of a short label is given below:
CARELESSNESS CAUSES FIRE
This article does (or does not) include a Schedule 3 interliner.
All covers have been tested to ensure they are match resistant.
Mattresses and bed bases are not required to have this type of label but, to show that they comply with the ignitability tests, they may have a label stating compliance with BS 7177: Specification for resistance to ignition of mattresses, mattress pads, divans and bed bases. This label has a blue border, the word 'RESISTANT' in white lettering and black cigarette and flame symbols.
It is not compulsory for used furniture supplied in rented accommodation to bear a permanent label. For your own safety and peace of mind it is advisable to accept only furniture that does or ask for written confirmation if it is not labelled.
Electrical equipment provided with rented accommodation must be safe and meet the requirements of the Electrical Equipment (Safety) Regulations 2016
The Plugs and Sockets etc (Safety) Regulations 1994 require all new and second-hand appliances supplied to be fitted with an appropriately fused and approved plug.
For more information on electrical safety visit the Electrical Safety Council website.
Gas appliances, such as cookers and fires in rented accommodation, must comply with the Gas Appliances (Safety) Regulations 1995. These Regulations do not apply to second-hand appliances and fittings even if they have been reconditioned or repaired.
Check that the gas appliances:
Gas appliances must be CE-marked to show that they comply with European Union safety requirements:
Under the Gas Safety (Installation and Use) Regulations 1998, landlords must ensure any gas appliances (including LPG cabinet heaters) provided for tenants are maintained in a safe condition, including, where relevant, checks on the effectiveness of:
These checks should be carried out at least every twelve months and records kept of the test dates, defects and remedial action taken. Landlords must make this information available to tenants and prospective tenants within 28 days of the check being completed and keep records for at least two years.
The installation and maintenance of gas appliances must only be carried out by a fitter on the Gas Safe Register.
If you have a problem with obtaining this information, contact the Health and Safety Executive.
Landlords do not have to carry out any checks on gas appliances that are owned by tenants. Tenants are responsible for maintaining and checking their own gas appliances.
A fixed gas fire, space heater or gas water heater (including a gas boiler) of more than 14kW must not be installed in a room intended to be used as sleeping accommodation unless it is 'room sealed'. If it is below 14kW, it must be either 'room sealed' or have a safety control designed to shut down the appliance before there is a build-up of dangerous gases.
Mobile cabinet heaters should only be used in rooms where there is sufficient fixed ventilation. They should be fitted with an atmosphere-sensing device to detect poor air quality and shut the heater off. The correct size and type of gas bottle must be used.
The Oil Heaters (Safety) Regulations 1977 state that oil heaters must carry warnings against:
Oil heaters must be labelled with 'warning' or 'caution' and self-extinguishing oil heaters must have instructions on resetting and maintenance. The Regulations also state that the oil heater must be designed to be stable, safe if overturned and have a flame regulator that is easily adjustable and accessible.
Building regulations determine that glazing in critical locations - 800mm above floor level for internal walls and partitions, 1500mm above floor level in a door or a side panel that is next to the door and in bathroom areas - should either break in a safe manner, resist impact without breaking, or be shielded or protected from impact.
If new building work has been carried out, check with the letting agent or landlord to establish whether appropriate safety glazing was incorporated. If glazing in critical locations has been replaced, check that safety glass was used.
Products that do not have to comply with product-specific safety regulations must comply with the General Product Safety Regulations 2005. These Regulations place a duty on manufacturers and retailers to supply products, both new and second-hand, that are safe for consumers when used in a normal or reasonably foreseeable way. The characteristics of a product (how it is made, packaging and any instructions for assembly), the effect of the product on other products it is used with, its presentation (labelling, warnings and any instructions for use and disposal) and the types of consumers using the product are all important factors when deciding if a product is safe.
This means that products supplied by the landlord as part of the tenancy must be safe. For example, lawnmowers and trimmers should have guards in place, ironing boards should not have sharp edges that could cause injury in normal use. Chairs and stepladders should be durable and safe. Instructions or warning labels should be available to ensure that appliances can be used safely.
Last reviewed / updated: February 2017
This information is intended for guidance; only the courts can give an authoritative interpretation of the law.
The guide's 'Key legislation' links may only show the original version of the legislation, although some amending legislation is linked to separately where it is directly related to the content of a guide. Information on amendments to UK legislation can be found on each link's 'More Resources' tab; amendments to EU legislation are usually incorporated into the text.
For further information please contact the Citizens Advice consumer service, which provides free, confidential and impartial advice on consumer issues. Visit the Citizens Advice website or call the Citizens Advice consumer helpline on 03454 040506.
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