Watford Borough Council

All furniture and furnishings supplied in let accommodation must comply with ‘The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended)’.

Some materials used to fill or cover furniture may be a fire risk, highly flammable and may produce poisonous gases on burning, such as cyanide or carbon monoxide. The Regulations set to phase out those potentially dangerous furniture and furnishings and ensure that those left or newly provided, can pass tests for fire safety.

The Regulations apply to furniture provided in domestic properties, which are let in the course of a business. They therefore affect landlords (including estate agents and letting agents) who let such accommodation.

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 smoldering cigarette is applied
• Filling materials which pass an ignitability test
• Permanent labeling 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 filings, which are the cause of death.

Responsibilities of agents & landlords

The responsibility imposed by the Regulations may apply to the landlord or the agent. Which of them is responsible will depend on the capacity in which the agent acts for the landlord. In general the agent is not responsible provided that the contract for the letting of the property, including the furniture, is between the owner and the tenant, in which case the landlord is responsible for complying with the Regulations.

On the other hand where the agent, acting in the course of their business, enters into a contract with the tenant to let furnished property on behalf of the landlord then the agent would have assumed responsibility for letting the property and complying with the Regulations.

Furniture and furnishings affected

The following products are covered by the Regulations:

• furniture intended for use in a dwelling (e.g. armchairs, sofas, padded seats)
• beds, head-boards and mattresses (of any size)
• sofa-beds, futons, and other convertibles
• nursery furniture
• pillows
• scatter cushions, seat pads and bean-bags
• garden furniture suitable for use in a dwelling
• loose and stretch covers for furniture

The Regulations do not apply to:

• sleeping bags
• bed-clothes (including duvets)
• loose covers for mattresses
• pillowcases
• curtains or carpets
• furniture manufactured before the 1st January 1950
• any furniture the tenant owns and brought to the letting

Application of the Regulations

The Regulations require that:

• furniture and furnishings in all HMOs let for the first time since 1 March 1993 must meet all the fire resistance requirements specified in the Regulations;
• any new, replacement or additional furniture (including second-hand furniture) provided for an existing letting since 1 March 1993 must comply with all requirements;
• where a new tenancy was created on or after 1st March 1993, all  furniture and furnishings must comply with the Regulations.

The only exemption for furniture manufactured after 1 January 1950 is if  the furniture was provided before 1st March 1993 to a tenancy created before 1 March 1993 that is still in existence or has been renewed.

Identifying furniture

All new furniture (except mattresses and bed bases) and loose and stretch covers manufactured since 1988 have been required to carry a permanent label providing information about their fire-retarding properties.

Such a label will indicate compliance, although lack of one would not necessarily imply non-compliance as the label might have been removed.

As guidance the following "rules of thumb" may apply:

• all domestic furniture made since March 1990 should be fit for use in let accommodation;
• if the furniture (except mattresses and bed bases) carries a permanent manufacturer's label saying it complies with the Regulations together with the warning "CARELESSNESS CAUSES FIRE" it is almost certainly safe.

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.

Please note: This guide is not an authoritative interpretation of the Regulations. You should refer to the Regulations themselves for a full statement of the requirements. The trading standards department can give guidance, in case of doubt.

Related links: http://www.dti.gov.uk/files/file24685.pdf  - Guide to the Regulations