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LANDLORDS ADVICE ON SAFETY |
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> Advice to landlords about Safety |
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Fire safety – Dwelling Houses
Introduction
The source of all information contained in this section is
taken from Section B of the Building Regulations 1991
(1992 edition) - Fire Safety.
The means of escape from a one or two storey house are simple
and few provisions are specified beyond ensuring that each habitable room either
opens directly onto a hallway or stair leading to the entrance, or that it has a
window or door through which escape can be made.
Guidance in this section also applies to houses classed as
being in multiple occupation (HMOs)
Self - contained Smoke Alarms
·
Should be positioned
near to places where fires are likely to start (e.g. outside Kitchens or in the
Living Room) to pick up smoke in the early stages of a fire. They should also be
close enough to bedroom doors to be effective when occupants are asleep.
·
Should be fitted to
the ceiling at least 300 mm from any wall or light fitting (or for units
designed for wall fitting between 150 - 300 mm below the ceiling).
·
Should be easily
reachable for routine testing and maintenance
Automatic Smoke Detection and Alarms
·
Should be either wholly mains operated or with a
secondary power supply (e.g. battery), preferably interlinked.
·
Are considered to be the most suitable system for
very large dwellings and houses in multiple occupation (where the distance from
any part of one room to the furthest point in another at any one level is more
than 30 metres long). There should be a system of discrete detectors and alarms
connected to a central control unit.
· Bells and sounders should be audible to all
sleeping areas of the property
Emergency Lighting
All escape routes should have adequate artificial escape
lighting that illuminates the route if the mains supply fails. Lighting to
escape stairs should be on a separate circuit from that supplying any other part
of the escape route.
Windows and External Doors for Escape
·
Should have an unobstructed opening that is at
least 850 mm high and 500 mm wide and the bottom of a window opening should be
not more 1100 mm and not less than 800 mm above the floor.
·
It should enable the person escaping to reach a
place free from fire (courtyard or garden etc.)
Three-storey Dwelling Houses
·
The upper storeys (those above ground storey)
should be served by a protected stairway which should either lead to:
.
a final exit
.
or give access to two escape routes at ground
level, each leading to a final exit separated from each other by fire-resisting
construction and self-closing (30 minute) fire doors.
·
The top storey should be separated from the lower
storeys by a fire-resisting construction.
Loft Conversions
Providing that the conversion is not more than 50 m2,
does not contain more than 2 habitable rooms and hasn't involved raising the
roofline above the original ridge, the following applies:
·
The stair in the ground and first storeys should be
enclosed with walls and/or partitions which are fire resisting and should lead
to either a final exit or at least two exits at ground level separated from each
other by fire resisting construction and self-closing fire doors
·
Each doorway within the enclosure to the existing
stair should be fitted with a door which, in the case of doors fitted to
habitable rooms, should be fitted with a self-closing device. Any new door to a
habitable room should be a fire door but existing doors only need to be made
self-closing
·
Any glazing in the enclosure to the existing stair
including all doors (but excluding glazing to a bathroom or W.C.) should be
fire-resisting (i.e. wired glass)
·
The new storey should be separated from the rest of
the house by fire-resisting construction.
·
Escape windows should be provided so that escape by
means of a ladder from the ground may be possible. Therefore rooms should have
an openable window or skylight. A door to a roof terrace is also acceptable.
Fire Safety - Flats and Maisonettes
Requirements are very similar to those described for a
dwelling house but with the following exceptions:
·
A flat or maisonette on more than one level should
be treated as a house with more than one storey
·
Smoke alarm requirements do not include common
parts of the building and inter-linking of alarms does not apply between
individual properties
Fire Safety – Houses in Multiple Occupation
Introduction
The statutory requirement for an HMO is that it has 'adequate
means of escape from fire and adequate other fire precautions'.
It is recognise that there is a significant risk of fire in
HMOs, and so local authorities have the power to require the provision of
adequate means of escape from fire and adequate other fire precautions.
In the case of HMOs with at least 3 storeys and a combined
floor area of at least 500 m2, local authorities have a duty to ensure that
means of escape are adequate. Before exercising their power, or performing their
duty, in respect of means of escape from fire in an HMO, local authorities must
consult the fire authority (source: DETR circ. 12/92)
Fire Safety - HMO Definition
HMOs are divided into two main categories when considering
appropriate means of escape and other fire precautions:
1.
Hostels
2.
Houses divided into two or more units of
accommodation (including bedsits and flats)
Local authority guidance does not cover new
purpose built blocks of flats and maisonettes as they are covered by British
Standard 5588 part 1 - Domestic Buildings. Also a building, which complies
with current building regulations, will by definition have adequate means of
escape for normal use.
However it is 'adequate provision' that local authorities have
the power to require and they cannot and should not specify work that goes
beyond this.
What Measures will the Local Authority Require?
·
Adequate means by which individual occupancies
escape routes are protected from the spread of the products of combustion. This
will involve assessing the need for fire restricting construction to walls and
floors, fire doors and sealing to prevent the spread of products of combustion
·
Assessing the distances of travel involved in
escaping from each room to a final exit of the HMO
·
Considering the nature of the means of escape and
their suitability for the number and type of occupants (i.e. steepness of
stairs, width of doors & corridors, lighting, other means of escape such as
ladders etc.)
·
Fire precautions such as fire warning systems, fire
sensors and fire fighting equipment. Bells and sounders should be audible to all
sleeping areas
·
A log book giving details of the alarm system
should be maintained and kept in an accessible area but not in the alarm box
itself
Standards relating to the number of storeys in a building
·
2 storey: the stairway
should be made a protected route (30 minutes fire resistance). Automatic fire
detection may be provided by single point smoke detectors
·
3 or 4 storey: the
stairway should be made a protected route (30 minutes fire resistance). An
electrically operated fire warning system incorporating manually operated call
points and automatic fire sensors should be installed conforming to BS5389 part
1
·
5 or 6 storey: three
options are given :
1. the stairway is a protected
route and an alternative means of escape is provided by way of an additional
stairway which may be external to the building. An electrically operated fire
detection and warning system is installed
2. the stairway is a protected
route, separated from the accommodation by protected lobbies and a suitable
upward escape route is available within the existing stairway. An electrically
operated fire detection and warning system is installed.
3. The stairway is a protected
route, separated from the accommodation by protected lobbies. An electrically
operated fire detection and warning system is provided and use for human
habitation is restricted to 5 storeys.
Fire Resistance
The ability to withstand the effects of fire for a minimum of
30 minutes apply to enclosing the following:
·
Protected escape route
·
Protected lobby
·
Ventilating ducts
·
Stairway
·
Individual occupancies
·
Door in a separating
wall (where its fire resistance is less than 60 minutes)
·
All floors and structures in a house of 2 storeys
or more
Means of Escape
Detailed below are some measures that landlords need to be
aware of:
·
Where a stairway links a basement to a ground
floor, the basement should be separated from the ground floor by 2 x 30 minute
fire doors
·
In a single stairway building, it would be useful
to provide at least one openable window to provide ventilation in the event of a
fire
·
Stairway enclosures should be kept free of all
obstacles
·
An external escape stairway should be regarded as a
protected route. It must be ensured that it can be used safely during a fire
without occupants being put at risk by smoke and flames coming from any adjacent
windows and doors on the external wall of the building below. Any door opening
onto the stairway should be self-closing and have fire resistance similar to the
wall in which is situated.
·
Portable and throw-out ladders are not suitable for
escape purposes nor are automatic lowering lines.
·
All fire doors should be fitted with self - closing
devices and no means should be provided for holding a self-closing fire door in
an open position.
·
Doors used for means of escape should be kept
unlocked at all times when people are in the building and should be fastened so
that they can be immediately opened by persons escaping without the use of a
key.
·
All fire safety signs, notices etc. should conform
to BS 5499 part 1. Any exit which is not a normal route of travel from a
building should be indicated by a FIRE EXIT sign and appropriate directional
arrows
·
Where escape lighting is deemed necessary, the
system should be capable of maintaining the required level of illumination for
two hours or one hour for premises with a straightforward downward escape
(without use of mains electricity)
·
Escape routes should be kept free from obstruction
and combustible materials at all times (including under stairs storage)
Fire Fighting Equipment
The number of portable fire extinguishers required will depend
upon the size and layout of the building and the nature of the fire separation.
On each floor there should be at least one water type extinguisher of 9 litres
capacity for every 200 m2 of floor area.
In addition to water type extinguishers, there should be other
extinguishing equipment for special risk (e.g. electrical fires) and fire
blankets for shared kitchens
However it is recognized that in hostels and large HMOs, the
primary aim of fire safety measures is to evacuate the occupants as quickly as
possible.
(Source for this section - DETR circ. 12 / 92)
Fire Safety & Furnishings
Fire safety of upholstered furniture
All upholstered furniture which is included in the letting or
hiring out of residential accommodation must comply with the requirements of the
Furniture and Furnishings (Fire Safety) Regulations 1988 (As Amended in 1989
and 1993).
The regulations require:
·
Furniture to pass a cigarette resistance test
·
Cover fabric, whether for use in permanent or loose
covers, to pass a match resistance test
·
Filling materials for all furniture to pass
ignitability tests as specified in the regulations
These regulations apply to any of the following that contain
upholstery:
·
Beds, headboards , mattresses , sofa beds, futons,
convertibles
·
Garden furniture which is suitable for use in a
dwelling
·
Scatter cushions, seat pads and pillows
·
Loose and stretch covers for furniture
These regulations do not apply to:
·
Sleeping bags
·
Loose covers for mattresses
·
Pillowcases
·
Curtains
·
Carpets
·
Furniture manufactured before 1950
All new furniture (except for mattresses, bed bases, loose and
stretch covers) manufactured since 1988 has been required to carry a permanent
label providing information about its fire retarding properties.
What are the responsibilities of Landlords and Agents?
The Local Authority Trading Standards Unit enforces this
legislation. The responsibility imposed by the regulations applies to the actual
supplier of furniture, if that supplier is acting in the course of his business.
For a residential furnished let this may be either the landlord or his agent
(source: DTI. Guide to the regulations).
Gas Safety
Under the Gas Safety (Installation
and Use) Regulations (1998):
·
Landlords must ensure that gas fittings and flues
are maintained in a safe condition (note: this does not apply to flues /
chimneys solely connected to an appliance owned by the tenant).
·
An annual safety check of each gas
appliance/flue must be carried out by a CORGI registered gas installer. These
checks must have been carried out within one year before the start of the lease
date.
·
Issue a copy of the safety check record to each
existing tenant within 28 days of the check being completed or to any new tenant
before they move in
·
Keep a record of each safety check for 2 years
·
Safety checks also apply to portable appliances
such as LPG (Calor gas) heaters
·
If an appliance fails a safety check you
must carry out any of the remedial action necessary or replace it. A safety
defect must be rectified by a CORGI registered gas installer before the
equipment is used again.
It is an offence to use, or allow the use, of a gas
appliance you know to be unsafe and in no circumstances should it be reconnected
until the fault has been rectified. To do so will risk prosecution.
All appliances must also be installed by a CORGI registered installer.
Electrical Safety
Under the Electrical Equipment (Safety) Regulations (1994)
any portable electrical appliances (e.g. refrigerators, lamps, televisions,
vacuum cleaners) which are provided as part of the tenancy are to be safe to use
and in proper working order.
As a minimum, appliances should be visually inspected for any
faults or damage and should ideally be periodically tested by a qualified
electrician.
Testing of the electrical installation is not currently a
legal requirement but some organizations such as Universities require their
Landlords to do this and some Landlord Associations recommend this to their
members. Additionally if an injured tenant sued a landlord for damages, he would
find it easier to prove negligence if no safety certificate were available.
Fitness for Human Habitation
Housing fitness standards are mainly determined by section
604 of the Housing Act (1985). The current standard was introduced by
the Local Government and Housing Act (1989) (paragraph 83 of schedule 9)
but basically the fitness standard has changed very little since its
introduction in the mid-nineteenth century. They are currently being reviewed as
part of the consultation on mandatory licensing.
To assist local authorities in determining whether a property
is fit or unfit, the housing fitness standard comprises a set of requirements
deemed to be the minimum necessary for a dwelling house to be fit for human
habitation.
The main functions of the fitness standard are:
·
To serve as a yardstick of the minimum health and
safety requirements for housing to be fit for human habitation
·
To trigger enforcement intervention
·
To provide a basis for determining the works to be
grant aided under part 1 of the Housing, Grants, Construction and Regeneration
Act (1996)
·
To provide a 'bottom line' indication of housing
stock conditions for the purposes of monitoring and resource allocation
In order to determine whether a property meets the fitness
standard, its condition needs to be assessed to see if it fails one or more of
the following requirements:
·
It is structurally stable
·
It is free from serious disrepairIt is free from
dampness prejudicial to the health of the occupants (if any)
·
It has adequate provision for lighting, heating and
ventilation
·
It has an adequate piped supply of wholesome water
·
There are satisfactory facilities in the dwelling
house for the preparation and cooking of food, including a sink with a
satisfactory supply of hot and cold water
·
It has a suitably located water closet for the
exclusive use of the occupants (if any)
·
It has, for the exclusive use of the occupants (if
any), a suitably located fixed bath or shower and wash hand basin each of which
is provided with a satisfactory supply of hot and cold water
·
It has an effective system for the draining of
foul, waste and surface water
The act defines fitness for human habitation as follows:
'The premises shall be deemed unfit if, and only if, they are
so far defective in one or more of these matters, that they are not reasonably
suitable for occupation in that condition'.
Note also that for the purposes of subsection 604(1) a
dwelling house is defined as including any yard, garden, outhouses and
appurtenances belonging to it or normally enjoyed with it'.
If the dwelling house is a flat,
it is unfit for habitation if in the opinion of the local authority it fails to
meet one of the following requirements:
·
The building or part is structurally unstable
·
There is serious disrepair
·
It suffers from dampness
·
It has inadequate provision for ventilation
·
It does not have an effective system for the
draining of foul, waste and surface water.
Management Standards
A landlord must comply with all of the following. Failure to
do so may bring enforcement action from the local authority:
·
To ensure that all means of water supply and
drainage are maintained in good repair and clean condition
·
To maintain supplies of gas, electricity and water
to the tenants in a property
·
To keep passageways, stairways and entrances
reasonably clear from obstruction
·
To keep installations responsible for the supply of
lighting, heating and hot water in good repair and to ensure that w.c.'s, baths,
basins, sinks and kitchen facilities are all kept in good order.
·
To keep all windows and other means of ventilation
in good repair and proper working order
·
To keep all smoke detection systems properly
maintained and regularly tested
·
To keep outbuildings, yards and gardens clean and
in good order and to keep walls, fences and railings in good repair so as not to
constitute a danger to residents
·
To provide proper arrangements for refuse storage
and disposal
·
To ensure that the design and structural condition
of the property (especially roof and balconies and low cills on staircases do
not present a danger to residents
Structure of a Dwelling
Definition
Structural stability of a dwelling is defined in the
Housing Act 1985, which simply states that a dwelling house is to be
'structurally stable'.
Premises are to be of substantially sound construction and free from significant
or progressive structural defects such as dangerously sagging roofs, settled,
fractured or leaning walls, loose masonry, leaning chimney stacks, excessively
sloped or collapsing floors.
Structural stability is concerned with the basic integrity of
the building, that is the stability of the basic structure or major parts of the
structure down to such elements as chimneys, parapets, window arches and
lintels. It is not concerned with matters that can be resolved by repair
(fitness standard 2.5, Repair, 3.5, 3.6 & 3.7)
The purpose of maintaining structural stability is not only to
avoid safety hazards of a catastrophic nature such as death and injury due to
collapse, but, by preventing severe settlement cracks, to avoid health hazards
such as those resulting from cracked sewers, fractured damp-proof courses and
water and wind penetration (Govt. circular 17/96)
Structural Requirements for the Construction of a Dwelling
Full information can be found in Approved Document A of the
Building Regulations 1991 (including the 1994 amendments) which can be
purchased from the Stationery Office.
Room Sizes and Arrangements
Room Standards
Single household dwellings are to be occupied in such a manner
that the overcrowding standard as prescribed in section10 of the Housing Act
(1985) is not exceeded.
Under section 325 of the Housing Act (1985) the
room standard is contravened when the number of persons sleeping in a dwelling
and the number of rooms available as sleeping accommodation is such that two
persons who are not living as husband and wife must sleep in the same room.
For this purpose:
a) Children under 10 years old will not be taken into account
b) A room is available as sleeping accommodation if it is of a type normally
used in the locality either as a bedroom or a living room.
Space Standards
Under section 326 of the Housing Act (1985) the
space standard is contravened when the number of persons sleeping in the
dwelling is in excess of the permitted number, having regards to the number and
floor area of the rooms of the dwelling available as sleeping accommodation.
For this purpose:
·
No account is taken of a child less than 1 year of
age.
·
A child aged 1 - 10 years equals ½ a unit.
·
A room is available as sleeping accommodation if it
is a type used in the locality either as a living room or a bedroom
The permitted number of persons in relation to the number of
rooms available in the dwelling (note: not an HMO) as sleeping accommodation is
whichever is the less of:
1.
The number specified in table 1 in relation to the
number of rooms in the
dwelling available as sleeping accommodation
and
2.
The aggregate for all such rooms in the dwelling of
the numbers specified to each room of the floor area specified in column 1
No account shall be taken of a room having a floor area
of less than 50 sq. feet.
Table 1
|
No. of rooms |
No. of Persons |
|
1 |
2 |
|
2 |
3 |
|
3 |
5 |
|
4 |
7 1/2 |
|
5 or more |
2 for each room |
Table 2
|
Floor area of Room |
No. of Persons |
|
110 sq. ft. or more |
1 1/2 |
|
90 - < 110 sq. ft. |
1 |
|
70 - < 90 sq. ft. |
5 |
|
50 - < 70 sq. ft. |
1/2 |
For Houses in Multiple Occupation space standards for a
single room issued by the Chartered Institute of Housing are as follows:
With a sink but no cooking facilities
: 110 sq. ft.
With both cooking and washing facilities : 150 sq. ft.*
(*230 sq. ft. for a double room)
Internal Arrangement :
This deals with any feature which inhibits the safe or
unhampered passage of occupants in the dwelling (e.g. narrow or steep and
winding staircases, absence of hand rails, inadequate landings outside bedrooms,
ill-defined changes of floor levels, a bedroom entered only through another
bedroom. Most importantly it includes a W.C. opening directly from a living room
or Kitchen.
Dampness and Condensation
Dampness
Dampness relating to the fitness standard is described in the
Housing Act -1985 as follows:
A dwelling house is to be 'free from dampness prejudicial to
the health of the occupants (if any)' MHLG circ. 19/67 also states:
'Any dampness should not be so extensive or so pervasive as to
be a threat to the health of the occupants'. Such items as a small patch of damp
caused by defective pointing around window reveals or door jambs or by a
defective rain water pipe are due to disrepair rather than inherent dampness.
Care must also be taken not to be misled by temporary condensation
However under Section 79-82 Environmental Protection Act 1990 (statutory
nuisances) it has been established that condensation dampness can be dangerous
to health and that this may be attributable to the construction of the property
(GLC V London Borough of Tower Hamlets - 1983). This can also be linked to
whether there is sufficient ventilation (e.g. blocking up flues or ventilation
bricks)
Dampness - The fitness Standard
A dwelling house is unfit for human habitation if in the view
of the local authority, it suffers from dampness prejudicial to the health of
the occupants.
Landlords should therefore take action against:
·
Rising damp in walls and floors
·
Penetrating damp through roofs, walls or other
parts of the building
·
Interstitial condensation in the building fabric
(where detectable)
·
Surface condensation
·
Mould growth and mildew
Wet surfaces encourage the formation of moulds, which have
been associated with ill-health.
The presence of excess moisture can also lead to instability
and disrepair through the decay of building materials (metal ties, plasterwork,
swelling and warping of timber etc.). Moisture levels in timber in excess of 22%
will encourage the germination and growth of wood rotting fungi.
Heating
The Housing Act (1985) states that a dwelling house
will 'have adequate provision for heating and ventilation'.
There should therefore be sufficient provision for heating
in a property both for the health and comfort of the tenants and to prevent
extensive condensation (particularly on older properties)
Provision for Heating
The Main Living Room
There should either be a central heating radiator or a fixed
heating appliance (gas fire, fixed electric convector or storage heater,
smokeless fuel open fire/stove or oil-fired stove) capable of heating the room
to 18o C. when the outside air temperature is -1o C. (Circ. 19/76)
If no heating appliance is installed then the following
provisions should be made:
·
For electric heaters, at least one 13 amp power
socket reasonably dedicated for the use of a plug-in electric heater
·
For gas fires, a working gas point with shut-off
valve plus associated gas fire opening with a working flue or a working gas
point with space adjacent for a balanced flue gas heater (heeding regulations
about placing flues near opening windows and doors).
·
For solid fuel fires, a fireplace with working flue
and hearth constructed from non-inflammable material
Other Habitable Rooms
All other rooms are to be provided with either fixed heating
appliances or provision for heating (as described above) which will heat the
room to a temperature of 16o C. when the outside air temperature is -1o C.
Heat Producing Appliances
A heating installation will conform to Approved Document J
(Heat Producing Appliances) of the Building Regulations - 1991 if it:
·
Receives sufficient air for the proper combustion
of the fuel and operation of the flue
·
Is capable of normal operation without the products
of combustion (gases) becoming a hazard to health
·
Is capable of normal operation without causing
damage by heat or fire to the fabric of the building.
Overall, the heating provided should be sufficient, when combined with
adequate ventilation to prevent severe or persuasive condensation and mould
growth. In this respect, a fixed paraffin appliance (if this were the main
heating appliance) for example may well fail to meet the requirement.
Windows, Lighting and Ventilation
Natural Lighting
The statutory requirement for a dwelling house is that 'it has
adequate provision for lighting' (Housing Act -1985)
In deciding whether a dwelling-house is fit or not fit, a
local authority will consider whether it currently has provision for sufficient
natural lighting in habitable rooms to enable the normal activities of a
household to be carried out safely and conveniently, without the use of
artificial light during normal daytime conditions. It should also consider
whether the dwelling house has provision for sufficient artificial lighting in
all habitable rooms, kitchens and bathrooms, and W.C. and circulation spaces, to
enable the normal activities of a household to be carried out, safely and
conveniently and to permit the normal passage of the occupant without increasing
the risk of accident (Circ. 19/76 sec. 8.2)
Bathrooms should preferably have ceiling pull switches or a
wall switch outside the room (Fitness Standard 2.16)
Ventilation
The Fitness standard requires that all habitable rooms and
working kitchens should be ventilated by external air: for example, windows
should be capable of opening to such an extent that fresh air can readily
circulate to all parts of the room. Windows, satisfactory in themselves, can be
made unsatisfactory by external obstructions.
Section 604 of the Housing Act (1985) also states 'A landlord
is required to apply his mind to the necessity of ventilation, and, if need be,
to insulation and heating. The landlord must provide a combination of these
factors to make a house habitable for the tenant'.
To reduce serious condensation (even when there is adequate
heating) and pollutants which may become a hazard to the health of any
occupants, Landlords should consider the following:
·
The total size of ventilation openings in a
habitable room and naturally ventilated kitchen, bathroom or W.C. compartment
should not be less than 1/20th of the floor area (fitness standard 2.11)
·
Ventilation by mechanical means should provide at
least one air change per hour in habitable rooms and kitchens and preferably 3
per hour in bathrooms and W.C. compartments (Repair 3.9)
Current Regulations
The following requirements are taken from section F of the
Building Regulations - 1991:
All rooms must wherever possible be provided with adequate
natural ventilation by means of openable windows or ventilators. The total
openable area is to be the equivalent to 1/10th of the floor area of the room
and must open directly to the outside air. If this requirement is met, then two
habitable rooms maybe treated as a single room if there is an area of permanent
opening between them.
The following variations are acceptable:
·
Kitchens, bathrooms and separate toilet
compartments not having access to a window to be provided with electric powered
mechanical extractor fans operationally linked to the light switch with 10
minute override (minimum) and venting direct to the outside air. Extractor fans
fitted to kitchens and bathrooms subject to excessive condensation to be
additionally fitted with automatic humidistat control. Minimum extract rates to
be 60 litres/second (kitchens) or 15 litres/second (bathroom). Utility rooms
require an extraction rate of 30 litres/second, which also applies to kitchens
if the extractor is adjacent to a hob.
However where a gas appliance is located in a Kitchen the maximum
Recommended extraction rate is 20 litres/second.
·
Habitable rooms not having an openable window to be
provided with mechanical input (not extract) ventilation capable of achieving
one air change per hour and taking in air directly from the outside.
·
Roofs and sub floor spaces (including cellars) to
be provided with adequate ventilation to prevent excessive condensation and
conditions suitable for timber decay
Lighting
Natural Lighting :
All habitable rooms to be provided with a clear glazed window
(or windows) equivalent in size to 1/20th of the floor area of the room in order
to provide natural lighting. Windows to be of suitable design and location to
give as far as possible an even spread of light.
Normally some part of the window should be at least 1.75
metres above floor level. Underground rooms or basements used for living
purposes must be individually assessed against recommended standards to ensure
adequate lighting and ventilation.
Artificial Lighting
All habitable rooms, kitchens, bathrooms and W.C. compartments
to have at least one ceiling light or suitably located wall lighting with the
capacity to enable normal domestic activities to be undertaken without strain
after dark. Hallways, landings, passages and stairways must also have adequate
lighting and in particular the light switches to these areas are to be suitably
located so that they can easily be reached without having to walk any distance
in darkness. Minute switches (where provided) must be set to a minimum of 20
minutes.
Artificial Lighting :
All habitable rooms, kitchens, bathrooms and W.C. compartments
to have at least one ceiling light or suitably located wall lighting with the
capacity to enable normal domestic activities to be undertaken without strain
after dark. Hallways, landings, passages and stairways must also have adequate
lighting and in particular the light switches to these areas are to be suitably
located so that they can easily be reached without having to walk any distance
in darkness. Minute switches (where provided) must be set to a minimum of 20
minutes.
Glazing - Safety in Relation to Impact, Opening and Cleaning
The Building regulations (1991) specify the following:
In critical locations (e.g. doors, side panels etc.) measures
need to be taken to avoid the risk of sustaining cutting and piercing injuries.
Therefore glazing that people are likely to come into contact
with shall:
·
If broken on impact, break in a way that is
unlikely to cause injury (e.g. it breaks to form harmless particles);or
·
Resist impact without breaking; or
·
Be shielded or protected from impact
Windows, Skylights and ventilators
which can be opened by people in or about the building shall be so constructed
or equipped that they may be opened, closed or adjusted safely.
Controls must be reached without having to lean over an
obstruction and should be not more than 1.9 metres above the floor. Where there
is an obstruction, the control should be lower (nor more than 1.7 metres) and
where there is a 600 mm deep obstruction (including any recess) not more than
900 mm high.
Where controls cannot be positioned within safe reach from a
permanent stable surface, a safe means of remote operation should be provided.
Safe Access for Cleaning Windows
Under the Building Regulations (Amendment Regulations 1997)
provision must be made for any windows, skylights and transparent or translucent
walls, ceilings or roofs to be safely accessible for cleaning (i.e. provision
for cleaning both sides of glazed surfaces where there is a danger of falling
more than 2 metres).
Insulation
The construction of the dwelling and its condition should not
be such as to result in excessive heat loss. In this respect a dwelling is not
expected to be insulated to modern standards, but should be constructed of
materials and in a manner to give an adequate basic level of thermal insulation.
For example, a dwelling house with large areas of 11.5 mm
brick external wall or constructed of uninsulated or poorly insulated metal or
asbestos cement may well fail the required standard
(Fitness Standard 2.13)
Current building regulations require the fabric of the
building to be such design and construction to prevent excessive heat loss and
the occurrence of serious condensation problems (also see section on
ventilation)
Traditionally constructed buildings consisting of solid 225 mm
brickwork or 275 mm cavity brickwork walls with pitched roofs, single glazed
windows and suspended timber floors or concrete ground slab will normally be
sufficient to meet these requirements.
However non-traditional system built properties or those of
unusual design or having large single glazed windows may need more careful
assessment of their insulation values, particularly where condensation is a
problem (e.g. many of the properties built in the 1960's)
Conservation of Fuel and Power
The following are requirements under Approved Document L of
the Building Regulations - 1991 as amended in 1994:
·
An energy rating needs to be provided where a new
dwelling is created by building work. This will be done by means of a procedure
approved by the Secretary of State (SAP- Standard Assessment Procedure) and the
result must be given to the local authority.
·
A maximum energy rating will be achieved by:
.
Limiting heat loss through the roof, walls,
windows, doors (etc.) and where appropriate permitting the benefit of solar heat
gains.
.
Installing efficient heating systems and effective
control of heating and hot water systems
.
Limiting unnecessary ventilation heat loss by
reducing air leakage around openings and through the building fabric
.
Limiting the heat loss through hot water vessels
and hot water pies and ducts
Cavity Insulation - UF Foam
UF foam gives off formaldehyde fumes and should only be used to insulate a
cavity wall where there is a continuous barrier which will minimise as far as
practicable the passage of fumes into occupiable parts.
(Source: Approved Document D of the Building Regulations -
1991)
Kitchen Facilities
The statutory requirement for a dwelling house is that 'there
are satisfactory facilities in the dwelling house for the preparation and
cooking of food, including a sink with a satisfactory supply of hot and cold
water' (Housing Act - 1985)
In order to ensure that a property complies, landlords should
provide the following:
·
A sink and drainer together with a constantly
available supply of hot and cold running water. The hot water may be from a
central source or from a stored and instantaneous unit water heater capable of
promoting an adequate and safe supply.
·
A securely fixed working surface which is smooth,
hard wearing and easily cleaned
·
For the cooking of food there shall be a full sized
cooker (four rings, oven plus grill) properly connected to an approved
connection point (gas or electric). Cookers shall be safest located to ensure
the provision of work surface on at least one adjacent side. There should also
be sufficient space for the placement/retrieval of food from the oven/grill.
·
In unfurnished accommodation where the cooker is
not provided by the landlord there will be a space available to safely locate a
cooker and a suitable gas/electric point to which it can be connected.
·
There should be an adequate number of suitably
located power points for the safe use of kitchen appliances (Fitness Standard
2.16)
The dimensions of the kitchen or kitchen area should be
sufficient for the safe provision of all the necessary facilities.
Requirements for Single Persons Accommodation
These units of accommodation may have the reduced provision:
·
A gas or electric cooker with a minimum of two
burners. hobs, an oven and grill. Alternatively a microwave oven may be
substituted for one or two of the burners / hobs respectively.
·
A gas or electric refrigerator of 0.15 cu. metres
capacity plus a storage cupboard of 0.16 cu. metres capacity.
·
A worktop or table of smooth and impervious
material of minimum size 500 X 1000 mm.
·
A metal or ceramic sink and drainer in good
condition and of 500 X 600 mm minimum dimensions, set on a stable base with a
constant supply of hot and (potable) cold water.
Sanitary and Drainage
Drainage and Sanitary Conveniences
The statutory requirement is for 'an effective system for the
draining of foul, waste and surface water (Housing Act
1985).
The following is a requirement for all dwellings:
'There should be a readily accessible water closet for the
exclusive use of the occupants of the dwelling in a properly lighted and
ventilated compartment. The W.C. and bath and shower (if any) should be
connected to an efficient disposal system i.e. a public sewerage system, septic
tank or cesspool capable of dealing with the normal discharge. There should be
adequate means for the disposal of water from roof surfaces and yard paving.
Gutters and disposal pipes should be capable of dealing with the normal
discharge. (Source - MHLG Circular 67/69 App., para 2.)
A dwelling house is unfit for human habitation, if, in the
authority's view, it lacks an effective system for the drainage of foul, waste
and surface water (DETR circular 17/96)
Sanitary Pipework
The following are requirements under
Approved Document H (Drainage and Waste Disposal) of the Building Regulations
1991:
·
All points of discharge into the system should be
fitted with a water seal (Trap) to prevent foul air from the system from
entering the building
·
Branch pipes should discharge into another branch
pipe or discharge stack unless the appliances are on the ground floor. In which
case the pipes may discharge to a sub-stack or discharge stack, directly to a
drain or to a gully (waste water only)
·
All discharge stacks should discharge to a drain
and should be ventilated (DETR circular 7/96)
Rainwater and Drainage
DETR circular 17/96
states:
·
Any system which carries rainwater away from the
roof of a building to a sewer, a soakaway, a water course or some other suitable
rainwater outfall shall be adequate
·
Rainwater or surface water should not be drained
into a cesspool or septic tank.
·
Some authorities operate sewers carrying both foul
water and rainwater (combined systems) in the same pipe. There should be
sufficient capacity for both in the system.
Responsibility for Drains
The 1936 Public Health Act made a distinction between
public and private sewers
Generally if a house was built before 1 October 1937, and the
drainage pipe is draining more than one property including its land (known in
law as the curtilage), then the sewer is a public sewer.
If a pipe is draining one property, constructed prior to 1
October 1937, or it serves a number of properties built after that date, this
would be a private sewer.
Public sewers are usually
maintained by the local water authority, as are the main sewers in the road.
Private sewers are the
responsibility of the landowner, property owner, or occupier.
Which House is Responsible for a Blockage?
When a private sewer becomes blocked, all the properties from
the point of the blockage back up the line of the pipe are responsible for
ensuring it is cleared, but not those below it.
Where householders, occupiers or land owners refuse to accept
responsibilities under legislation, then the council may take formal action
against all owners of premises draining through the affected pipe, and if
necessary, ensure that it is satisfactorily cleared and recover the cost as a
civil debt from all persons affected.
Fitness Standards for Houses in Multiple Occupation - Bathrooms and Toilets
The statutory requirements for an HMO are as follows:
1.
It will have 'an adequate number of suitably
located WCs for the
exclusive use of the occupants'
2.
It will have 'an adequate number of suitably
located fixed baths or showers
and wash-hand basins each provided with a satisfactory supply of hot and cold
water, for the exclusive use of the occupants'
(Source: Housing Act -1985 Section 352 (1A))
An authority may serve a notice in respect of an HMO under
section 352 if, in the opinion of the authority, it lacks for the exclusive use
of the occupants, an adequate number of suitably located WCs or an adequate
number of suitably located fixed baths or showers and wash-hand basins each with
a satisfactory supply of hot and cold water, and, having regard to the number of
occupants accommodated there, for either reason is not reasonably suitable for
occupation by those occupants.
To meet the requirements:
Dependant on the type of HMO and the physical constraints,
each unit of accommodation should have: a W.C., wash-hand basin and fixed bath
or shower within the unit of accommodation; or a wash-hand basin within the unit
and the other amenities on the same floor; or all amenities outside the unit but
on the same floor; or, at least, all amenities generally not more than one floor
distant.
The provision of all basic amenities within each unit of
accommodation is the ideal standard to be aimed for, but it is recognised that
in an HMO the sharing of some amenities may have to be accepted.
Location of Amenities:
Where amenities are shared, each occupant should be able to
reach a WC, wash basin and bath or shower without having to pass through
accommodation which is occupied exclusively by another household. Although it is
desirable that amenities should be on the same floor as the accommodation this
may not always be possible.
Number of Amenities Required:
Where WCs, washbasins and fixed baths or showers are shared,
they should be provided in the ratio of not less than one of each amenity per
five individuals sharing such amenities. This ratio should apply regardless of
whether or not the amenities are shared between households, but to count the
amenities should be inside the HMO.
Where there are up to five occupants sharing a single WC, this
should be separate from the bathroom or shower room, although his may be
considered unnecessary in small HMOs occupied on a shared basis by five or fewer
individuals, where the occupants live as a single household for some activities
but not for others.
Where there are more than five occupants, it would be expected
that about half of all shared WC's would be separate from bathrooms or shower
rooms.
To count as present, each basic amenity should be of adequate
size and be connected through a suitable trap to an effective drainage system.
Layout
Any bathroom, shower room or compartment containing a WC
should be separated from any space such as a kitchen used for the preparation of
food. Although an intervening lobby is not essential, the WC compartment should
not open directly onto the area of a kitchen immediately adjacent to where food
is prepared.
The layout should be such as to encourage WC users to wash
their hands in a wash basin and not in a sink used for food preparation. Ideally
each WC compartment should contain a wash basin, although a readily accessible
wash basin adjacent to the room containing the WC will suffice.
Ventilation and Lighting
All WC's, washbasins and baths should be located in properly
compartmented rooms or spaces which have at least artificial lighting, and which
are either naturally or mechanically ventilated. This will be especially
important where the amenities are shared, but if located within a small unit of
accommodation, certain amenities such as a wash-hand basin may be suitably
positioned in other rooms, for example in a bedroom.
Hygiene
Each bathroom, shower or WC compartment should have surfaces,
which are designed to be reasonably smooth and non-absorbent and capable of
being easily cleaned. Floors should be slip resistant.
Fitness Standards for Houses in Multiple Occupation - Kitchen Facilities
The statutory requirement for an HMO is that it will have
'satisfactory facilities for the storage, preparation and cooking of food
including an adequate number of sinks with a satisfactory supply of hot and cold
water' (Housing Act - 1985 - section 352 (1a))
Meeting the Requirement:
Kitchen facilities should be of sufficient space, located,
designed and installed so as to not be prejudicial to health and safety or cause
serious inconvenience to those occupants (DETR circ.
12/92)
Landlords should therefore have regard for the following:
·
The type of provision and location of facilities -
Kitchen facilities within each unit of accommodation should be aimed for
(although it is recognised that in some HMOs sharing of facilities is
unavoidable). A kitchen with dining facilities would then be ideal but if this
is not possible, it must be possible for an occupant to consume cooked food not
more than one floor distant
·
The scale of provisions - there should be
sufficient facilities to enable all occupants to prepare and cook food at all
reasonable meal times (although this does not mean that they should all be able
to cook simultaneously). The main facilities required are fixed sinks with hot
and cold water, cookers, fixed worktops and food storage facilities
Sinks, Appliances and Kitchen Units
·
For occupancies where cooking is shared,
there should normally be one sink and one full-sized cooker (4 rings, oven and
grill) for every 3 small households.
However, in houses occupied on a shared basis by five or fewer individuals (typically
students) where the occupants live as a single household for some activities
but not for others, one sink and one full-sized cooker may be regarded as
sufficient. Cookers should be located remote from doorways and there should be
sufficient floor space for items to be retrieved from the oven.
·
Each sink should have an impervious easily
cleanable surface and be located on a stable base unit. It will have a supply of
constant hot and cold water.
·
There should also be an adequate provision of
worktops for the preparation of food of adequate depth and firmly secured.
Facilities for the storage of food should be appropriate to the number and size
of households. The expected minimum level of provision for one individual would
be a refrigerator of 0.13 m3. And a dry goods storage of 0.3 m3
(DETR circ. 12/92).
Electrical Sockets
For the safe use of kitchen appliances there should be at
least two power points in each kitchen plus an additional point for each extra
household sharing that kitchen besides any socket used for an electric cooker or
oven. Sockets should be positioned immediately adjacent to the work surface
Safety
All work-surfaces walls and floors should be non-porous and
smooth to facilitate cleaning. Facilities which are in a poor state of repair,
dirty or in otherwise poor condition may be dealt with by a local authority
serving a notice under section 372 of the Housing Act -1985 (Notice to Remedy
Neglect of Management)
Ventilation and Light
A kitchen and kitchen areas should have adequate provision
for, at least, artificial lighting and for either natural or mechanical
ventilation
Kitchen Facilities - Single Person Accommodation
Cooking facilities in one-person accommodation may take the
form of portable electric appliances, so long as these are not shared. Each such
facility should have at least 2 hot rings or equivalent and a grill and oven.
Kitchen Facilities - Hostels
Where food is provided communally, such as in some hostels,
kitchen facilities should allow all residents to be catered for at normal meal
times
Repairs
Who is Responsible?
Under the Housing Act (1985) a landlord has to ensure
that a property is 'free from serious disrepair'
Unless the tenancy has a fixed term of more than seven years,
under the Landlord and Tenant Act (1985) the landlord is responsible for
repairs to:
·
The structure and exterior of the dwelling
(including the primary access)
·
Basins, sinks, baths and other sanitary
installations in the dwelling
·
Heating and hot water installations
The landlord is not normally responsible for repairs
arising from damage caused by tenants, or for re-building the property in the
case of damage by fire, flood or other inevitable accident. Nor does he have to
repair anything that the tenant has a right to take away unless, in some
circumstance, the damage was caused as a result of the landlords failure of duty
to carry out his repairing obligations.
However in order to ensure that a property is kept in a
sufficiently good state of repair to be suitable for occupation, a landlord
should ensure the following:
·
The fabric of the building is not crumbling or
likely to become dislodged and that windows are kept in good condition
·
Internally, staircases, banisters, internal steps,
timber and solid floors are all kept in a good state of repair to minimise
injury through falling
·
Check all electrical wiring to avoid fires and keep
heating and gas appliances maintained
·
Ensure the fabric, fixtures and fittings of
Kitchens and Bathrooms are kept in good repair so that they are easily cleanable
and therefore not prejudicial to health.
·
Ensure that failure to disrepair does not lead to
failure to meet other requirements. Leaking roofs or pipes may lead to dampness
prejudicial to health for example.
Right of Entry to Carry out Repairs
There is an implied term under the Rent Act (1977) and
Housing Act (1988) that the tenant will let the landlord have access to
the property, and all reasonable facilities to carry out repairs, which he is
entitled to do.
In the case of a landlord wishing to carry his repair
responsibilities as defined under the Landlord and Tenant Act (1985), he
or an agent authorised by him in writing may, at reasonable times of the day,
enter the property to inspect its condition and state of repair. He must
normally give the tenant 24 hours notice in writing before he carries out such
an inspection.
At all times remember that the tenant has the statutory right
to quiet enjoyment.
If a statutory tenant will not give consent for work to be
carried out for which the landlord has a local authority grant, then the
landlord may apply to the court for an order to enter and carry out the works.
Can a tenant be made to move out so that repairs or improvements can be made?
A landlord cannot repossess the home of either a regulated or
an assured tenant simply because he needs or wants to do repairs. He may be able
to obtain an order if he can provide suitable alternative accommodation, or in
the case of assured tenancies, if he wishes to develop the property or do
substantial works.
A tenant can also agree to leave his home temporarily while
work is carried out but should be given a clear agreement setting out the basis
on which he is leaving the property and his right to return. It should also
include details of the alternative accommodation provided
A tenant who is fully protected by the Rent Act (1977)
(unless he is a protected shorthold tenant) cannot be granted an assured tenancy
of alternative accommodation by his landlord. A fully assured tenant cannot be
granted a shorthold tenancy of alternative accommodation by his landlord.
Tenant's Rights for Property Repairs
Does a tenant have rights to repair a property?
Regulated tenants (i.e. where agreements commenced before 15
January 1989) have rights to carry out certain improvements unless the landlord
has a right to get back his property after serving a notice under part 2 of
schedule 15 of the Rent act (1977).
However, the tenant must get written permission from
the landlord who can impose condition or refuse permission but must not do so
unreasonably. If the tenant does not satisfy reasonable conditions imposed by
the landlord, he could be breaking his agreement and the landlord may be able to
regain possession.
Can a Tenant Withhold Rent to pay for Repairs?
There are circumstances where if correct procedures are
followed, a tenant can do the work and take the cost out of rent payments.
However he must follow the procedures detailed below otherwise
the landlord could take the tenant to court for rent arrears:
·
The tenant must report the fault to the landlord or
his agent in writing at the address where notices may be served under section 48
of the Landlords and Tenant Act (1987)
·
He must then allow reasonable time for the landlord
or his agent to respond (e.g. 14 days)
·
If no action has been taken by this time then the
tenant can arrange to have the work done, and he must then send a receipt to the
landlord and can reclaim the cost of the work done from rent due.
Standard of Repair
Under the Housing Act (1985) 'in determining the
standard of repair required by the lessors repairing covenant, regard shall be
had to the age, character, and prospective life of the dwelling house and the
locality in which it is situated'.
Tenants though can claim damages for breach of a landlords
repairing covenant e.g. cost of making good, discomfort, loss of enjoyment,
ill-health etc. (Saner V Billon - 1978)
Does the tenant have a right to know who his landlord
is?
Any tenant who asks the person receiving the rent, or the
landlord's agent, in writing, for the landlord's name and address is entitled by
law to get that information within 21 days unless there is a reasonable excuse
for it not being given. If the landlord does not provide this information he
could be liable to a fine. Tenants also have rights to find out who their
landlord is by accessing Land Registry documents
(Landlord and Tenant Act - 1987)
Enforcement Action
Fitness Enforcement - Dwelling Houses
Local authorities have powers to enforce action on properties
that have been identified as unfit for human habitation under section 604a of
the Housing Act (1985) and section 85 of the Housing Grants, Construction and
Regeneration Act (1996)
Enforcement may be regarded as an action of last resort and
many local authorities will initially informally draw the landlord's attention
to the problem. However they should be prepared to provide a written explanation
of why the authority thinks remedial action should be taken and what action it
should be if requested to do so by the landlord.
If formal action is taken, the council can serve one of the
following notices:
·
Repair notice
requiring the owner of a property to make it fit for human habitation, make good
any disrepair which interferes with the personal comfort of the tenant
·
Deferred Action which
must state that the premise is unfit for human habitation, specify the works
which, in the opinion of the local authority, are required to make the premises
fit and also to state the courses of action open to the authority if the
premises remain unfit. A deferred action can be reviewed at any time and must be
reviewed within 2 years of the original notice being issued.
·
Closing Order, which
may be made in respect of either a dwelling house or a block of flats, some or
all of which are unfit.
·
Demolition Order,
which again may relate to a single dwelling house or block of flats.
The Housing Act (1988) also gave local authorities the
following powers to:
·
Stop a landlord trying to evade a repair notice by
selling or transferring his properties
·
Stop evasion of any repair notice by requiring a
new landlord to comply with the provisions of an outstanding notice
·
Take the landlord to court, where he can be fined
heavily for failing to comply with a repair notice.
The Council does not have to tell the landlord or the court
how it found out that the property needed repairing, so tenants who complain to
the council need not fear that the landlord is bound to find out!
Fitness Enforcement - Houses in Multiple Occupation
There are currently two fitness standards that apply to HMOs:
·
Fitness for human habitation
·
Fitness for the number of occupants
The standard of fitness for human habitation in section 604
of the Housing Act -1985 (as amended) applies to ALL DWELLING HOUSES
irrespective of whether or not they are HMOs.
In some cases local authorities may consider it appropriate to
issue a direction under section 354 limiting the number of occupants.
This may be instead of or in addition to a section 352 notice.
Section 354 Notice
This is a notice that limits the number of occupants that can
be housed in an HMO. Where this is issued as an alternative to a section 352
notice (see below) it can have the effect of completely removing or reducing the
amount of work necessary to make the HMO suitable for the revised number of
occupants
Power to Require Work to Render Premises 'Fit' for the Number of Occupants
Section 352 Notice
The local authority may serve a notice under this section
where, in its opinion, an HMO fails to meet one of the following requirements:
·
There are satisfactory facilities for the storage,
preparation and the cooking of food including an adequate number of sinks with a
satisfactory supply of hot and cold water
·
It has an adequate number of suitably located water
closets for the exclusive use of the occupants
·
It has, for the exclusive use of the occupants, an
adequate number of suitably located fixed baths or showers and wash-hand basins
each of which is provided with a satisfactory supply of hot and cold water
·
Subject to section 365 there are adequate
means of escape from fire
And
·
There are adequate other fire precautions.
An HMO will generally only fail this fitness standard if the
particular circumstances are judged so severe and/or extensive as to render the
HMO not reasonably suitable for occupation by the number of occupants
accommodated there.
Enforcement may be regarded as an action of last resort and
many local authorities will initially informally draw the landlord's attention
to the problem. However they should be prepared to provide a written explanation
of why the authority thinks remedial action should be taken and what action it
should be, if requested to do so by the landlord.
Water Supply
The statutory requirement for a dwelling house is the 'it has
an adequate piped supply of wholesome water' (Housing
Act - 1985)
It should be connected to either a mains or private supply
that it wholesome, has normally a continuous rate of supply and has piping
designed, installed and in a condition so as not to contaminate the supply.
There should also be an outlet conveniently located above the kitchen sink.
Drinking water should normally come direct from the rising
main to reduce the health risks.
Under working conditions, the drinking water supply should
have a sufficiently continuous and adequate flow to safely replenish water
tanks, boilers and hot water cylinders to prevent hazards resulting from
overheating.
Whilst one tap may be adequate, a polluted supply would, and an
intermittent supply could alone be a sufficiently serious defect to render the
house unfit. |
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