Vicky Cranthorne M.A.R.L.A, Office Manager at iConn Property Manager writes:

I came across some new information this week which may be very useful for Landlords who provide furniture in their rented properties.

One of our current landlords wanted to purchase a second hand sofa for their furnished property. They visited a reputable charity shop in Canterbury and found an ideal sofa but on inspection it did not have any fire resistant labels…..well actually, the last owener had cut them off!

It was evident the sofa was nearly new and they called us for some advice. As far as I was aware the regulation is as follows:

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 Amended 1993:

It is an offence to supply in a property any furniture that does not comply with the regulations.  The regulations cover all upholstered furniture and furnishings with permanent or loose covers including cushions, pillows and headboards which must be able to pass a ‘smouldering cigarette’ and ‘match flame’ test, and carry labels to prove it.  Failure to comply with the regulations carries a fine and or imprisonment, and in addition a Tenant could sue you for damages against any loss or injury caused as a result of a breach.  Furniture manufactured prior to 1950 is exempt.  There are also stringent controls on houses in multiple occupation (i.e. sharers) involving formal registration with your local council which we can undertake on your behalf.

I did however call the Canterbury Council housing department to confirm and they advised me that if an item of furniture does not display the required labels there are another two options a landlord could take in order to prove that the furniture is up to regulation.

1. If the item was made and/or purchased after 1993 and the landlord can provide proof of this then this is sufficient. This is because the law changed in 1993 relating to the production of fabric and upholstery items and it became illegal to sell any products after this date that are not fire retardant.

2. There are companies that provide a spraying service and will provide a certificate to prove that the items is now fire retardant. This is ideal for antique furniture and could be useful for older second hand furniture.