Home made furniture - landlord/lodger

[Live in landlord H]

New to the site - sorry if posting in the wrong place/way.

I own a flat and have a lodger (well, a flatmate who pays me rent). The flat is furnished by me. All my furniture to date is new from John Lewis/Homebase/Ikea so will comply with fire regs.

A close relative makes a lot of their own furniture and is making me a footstall/ottoman as a present. To what extent does this have to comply with fire regs? They aren’t supplying it to me in the course of business, so I hope there are no obligations on them, and I assume I am the first supplier.

They have their eye on safety and always ask the shops they buy materials from if they are fire safe, but realistically little old ladies selling upholstery materials in the village shop aren’t super hot on such things. It wouldn’t have a fire safety label, because it’s home made. 

How on earth are you meant to apply the regs to Home made furniture? My relative has already one to the trouble of making this for me and I’m worried about having to turn it down and pay £500 for one if equivalent quality. I only have the lodger to help pay my mortgage - it’s not exactly a big earner for me. 

thanks in advance!

[Live in landlord H]

Most resources I have seen online say that the regs apply to live in landlords. However, I know they only apply to supply of furniture in the course of business - I don’t have time to trawl the legislation to find a source but government guidance below and “A Guide to the Furniture and Furnishings (Fire) (Safety) Regulations,” from BIS Consumer Safety Publications, confirm that this is the case.

Do the regs even apply to me then? I do not think that my arrangement is principally for business use, and is therefore not in the course of business. It’s my home and only 1 person lives with me. The test cited in the guidance is whether the property’s primary purpose is a source of income rather than a residence. 

 

Thanks

 

[Tom Sutton]

All persons who supply upholstered furniture/furnishings are subject to the regulations and should ensure the appropriate labels are fixed the items supplied. All consumers, except those that are in the business of upholstered furniture/furnishing, are not subject to the regulations.

If you have two or less persons living with you, having free run of the house, they are lodgers and the premises do not subject to The Regulatory Reform (Fire Safety) Order 2005 therefore it is a domestic dwelling not a business.

Based on this reasoning, if the above facts are correct, I would think your relative is subject to the regulations and you are not. You need to get legal advice and contact the local trading standards.

Go to FRFree's profile and check out his latest submissions.

Check out https://www.firesafe.org.uk/furniture-and-furnishings-fire-safety-regulations-19881989-and-1993/ aswell.

[Tom Sutton]

PS. The above only applies to those resident in the UK.