A Clearer View

Lisa Simon, Partner and Head of Residential Division, offers a practical update on residential letting issues currently in the news.

Fire Safety (England) Regulations 2022

New Fire Safety Regulations came into effect in January. These represent one of the most significant changes to lettings compliance for years. Introduced in response to the 2017 Grenfell tragedy and subsequent Hackitt Review, the regulations apply to both social and private rental sectors.

The regulations affect landlords, building owners and their building managers, who are collectively referred to as ‘responsible persons’. 

For a multi-occupied building with two or more sets of domestic premises, the specific legal duties depend on the height of the building. In all cases, responsible persons are required to supply fire safety instructions to residents with comprehensive details on fire doors, how to report a fire, evacuation guidance and what to do after a fire has occurred.

For buildings higher than 11m, the responsible person must also carry out annual inspections of entrance doors to flats and fire doors in common areas. This includes:

• Checking that self-close doors close perfectly around the entire frame 
• Looking for any damage or wear and tear to the glazing or door
• Checking that letterboxes close firmly
• Checking seals and hinges

For residential properties of 18m or over (or with seven storeys or more), the responsible person must also:

• Provide current electronic floorplans and details regarding the building’s design, materials and risks to the local fire and rescue service (FRS)
• Install a secure information box in the building, containing up-to-date floor plans, building plans and contact details of the responsible person 
• Carry out monthly inspections on essential firefighting equipment and lifts
• Install high visibility way-finding signage that can be seen in low light or smoky conditions
• Report any out-of-order firefighting equipment or lifts to the FRS if it hasn’t been working for longer than 24 hours.

Non-compliance can result in substantial fines.

Landlords should also be aware that further fire safety regulations are due to be in place from 1 October. This, Phase 3 of the Home Office's fire safety reform programme (Section 156 of the Building Safety Act 2022) is intended to further strengthen fire safety in all FSO-regulated premises by:

• Improving cooperation and coordination between responsible persons
• Increasing requirements with the recording and sharing of fire safety information to create a continual record throughout a building’s lifespan
• Making it easier for enforcement authorities to take action against non-compliance
• Ensuring residents have access to comprehensive information about fire safety in their building.

Landlords are advised to look at the updated Government guidance, Fire safety: guidance for those with legal duties. 

Further information relating to fire safety is also available: 

• The Smoke and Carbon Monoxide Alarm (England) Regulations 2015
• Fire Safety (England) Regulations 2022
• The Housing Act 2004 
• The Regulatory Reform (Fire Safety) Order 2005
• The Building Regulations (Part B)
• The HMO Management Regulations 2006 and the additional provisions laid out in 2007

Please get in touch with your local Carter Jonas if you would like further clarification. 

Damp, mould and condensation 

Following the tragic death two-year-old Awaab Ishak in a housing association property in Rochdale last year, the Government has announced a rapid review of guidance to landlords about health risks from damp and mould. This is due to be published jointly with the UK Health Security Agency within the next few months.

Despite increased awareness of the health risks, mould is increasing prevalent in both the social and private rented sector: the Government’s Housing Survey in 2022 reported that 11% homes in the private rented sector have a problem with damp, with 14% (3.4 million) of occupied rentals failing to meet the Decent Homes Standard.

Following a Government investigation into damp and mould in the social housing sector, the Regulator of Social Housing recently published a report highlighting the initial findings and set out 10 Key Tests – worthwhile reading for landlords in either the social or private sector.

The problem is not limited to social housing. Uswitch recently conducted a survey which found that of the 62.5% respondents who revealed that they had experienced an issue with mould, 64% lived in properties outside the social housing sector. Furthermore, two thirds of tenants believe removing mould is solely the landlord’s responsibility. 

According to Section 11 of the Landlord and Tenant Act 1985, it is the landlord’s responsibility to remedy the situation if mould is caused by structural issues and rising or penetrating damp. The landlord is also responsible for ensuring that insulation, drainage, ventilation and heating are suitable and in working order.

Carter Jonas can provide comprehensive guidelines to both landlords and tenants regarding their responsibilities, as well as conducting regular inspections of properties as part of our full management service.  

We encourage clients to gain a comprehensive understanding of the issues of damp, condensation and mould in residential properties by reading this fact sheet produced by Propertymark.

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