Bikur Cholim בקור חולים

Thursday, January 8, 2009

Safe as houses

Safety –a tenant’s charter

As we move through the first decade of the 21st century, it has never been safer to live in rented accommodation in Britain. Over the years the government has tightened up on its rules and regulations that relate to rental property. They have done so to heighten the level of protection that tenants receive, and to help them stay safe. So, just what has the government done? Menasche Scharf lists the main legal obligations on the landlord.

The government has made your landlord more responsible for property safety issues than at any point in the recent past. The onus is now firmly on the landlord to ensure that their rental properties comply with property safety legislation, and that everything possible is done to safeguard you, the tenant. This includes new as well as existing tenancies, licences or leases which may fall under the regulatory reforms in one way or another, as you will see as you read on. To this end the landlord is obliged to observe a number of property safety regulations. These are as follows:

Landlord and Tenant Act 1985 -- In accordance with this Act your landlord is fully responsible for the upkeep and continued maintenance of your property's interior and exterior. It is a wide remit covering everything from your property's main structural components (roof, walls, floors etc) to 'installed' items that come with the property - the wallpaper on the walls for example, or the gas heater. The required level of maintenance can often be subjective. That said, landlords must do all in their power to ensure that a high standard of maintenance and repair is adhered to, and that it is one that heavily favours the tenant's safety. So, should tiles work loose on a roof, or a leak develop that makes the wallpaper mouldy - two issues that could 'harm' the tenant in some way - the tenant should inform the landlord, who then MUST remedy the situation.


The Gas Safety (Installation and Use) Regulations 1998 -- Strict rules apply to gas installations and appliances in rented property. Again, it is the landlord's responsibility to ensure compliance - and that means an annual gas safety check by a CORGI-registered gas engineer. The engineer will test all installations and ensure that gas supply into the property is safe. Assuming that the property passes inspection the landlord will be issued with a Gas Safety Certificate, a copy of which existing tenants are legally entitled to - and should be issued with by the landlord within 28 days of the inspection. One word of warning here - ONLY move into rental property where there is a valid gas safety certificate in place, or after a gas safety check has been arranged. To do otherwise could endanger your life and the life of your family.


The Electrical Equipment (Safety) Regulations 1994 -- Any electrical equipment supplied with the property must be certified as safe to use. So, for example, if an electric cooker has been installed into the kitchen, the landlord must provide evidence that it works safely.
The Furniture and Furnishings (Fire Safety Amendment) Regulations 1993 -- Just as with electrical equipment, any furniture and furnishings supplied with the property MUST comply with legal safety requirements. The main issue here is that all furniture and furnishing supplied by the landlord are passed as fire resistant. Upholstered furniture should have a sewn-in label approving it as fire resistant. If it has not you must alert your landlord and have the items removed / replaced. Floor coverings such as carpets and rugs likewise need to conform to this regulation, although no label is expected to be left on the floor.

For your own protection
Tenants who perceive that their landlords are failing to comply with safety legislation have a right to complain. If you are in this position you should first make contact with the landlord - preferably in verbal form, duly followed by confirming the content of the conversation in writing - and ask them to remedy the situation. If they do not you should involve your local authority, if that is indeed applicable to the situation. Otherwise, you can report the matter to the police, as failure of your landlord to comply with property safety regulations is a criminal offence. Remember, it is LIFE that could be endangered here - so take action for your own protection.

Current affairs - Electricity Wise

Adding electrical power to your property is actually straightforward, says Menasche Scharf, but do be mindful of the law and other options available to provide you with power.


Most homes and businesses in the UK are connected to mains electricity. The electrical supply we take for granted originates from the many power stations dotted around the country, and is delivered to us via National Grid - owner of the UK's power transmission network. Electricity suppliers are then responsible for cabling it into individual properties - and it is they who you need to contact should you wish to have your property connected to the mains.
Inside your property
When new homes are built and when old properties are renovated and brought back into use they will need to be connected to the mains electricity supply. The work begins inside the property with its wiring / re-wiring. There are specific rules relating to the internal electrical wiring of property - the most relevant one being that all wiring must conform to Part P of the Building Regulations. To undertake electrical wiring you will need to employ the services of a 'competent person' qualified to do the work - such as a professional electrician, or, if you choose to do it yourself, you will need to inform the local council's building control department. In the latter case an inspector will visit the property and pass the wiring as safe for use.
Good planning is the key to a good wiring job. Work out where you need lights, power sockets and other electrical outlets before you start - and where best it is to place your wiring cabinet…the central point of your wiring scheme.
Mains cabling
How your property is to be connected to the mains supply rather depends upon where you can access the local supply network, and how much mains cabling is already in place. For example, on a newly-built estate, mains connection may involve a short run of cabling from the road outside. For more isolated properties extensive trenching and cabling may be needed.

All mains cabling MUST conform to IEE Wiring Regulations. This dictates that cabling is buried at a minimum depth of 50mm below the surface, and is reinforced / protected against damage. Unless your property has never had mains electricity before, the cabling you need should already be in place to the required standard beneath your property's ground flooring. If it is not then you'll need to make allowances for this to be put in place prior to connection of the supply from outside.


Connection
Connection from outside is the job of your local electricity supply company. They will cost up the project and quote you a price for running cabling off the local supply network and into your property. Depending upon the extent of work required, the job may be quick and cheap or long and expensive!
Note: If mains cabling and internal electrical wiring is already in place at your property, adding an electrical power supply might simply be a case of asking your electricity company to reconnect the old supply route.


Mains alternatives
Adding electrical power to your property does not necessarily mean that you have to rely on mains electricity. There are other ways that electricity can be 'generated'. Here are some ideas:
Photovoltaic (Solar) Panels: Solar panels fitted to the roof of your property can help you generate your own electricity - even on cloudy days!
Wind turbines: A small-scale wind installation in your garden can create electricity from the air.
Ground Source Heat Pumps: Extract heat energy from the ground and transfers it to your home.
Micro Hydro Generation: Good if you have a fast-flowing water source on your land!

One warning: When your fuse is tripping (too) frequently, just check; if you are using specialised electrical equipment, for example a Humidifier or high usage appliance such as a Fridge/Freezer, it could well be that the safety threshold on the fuse is higher than the standard of safety set by the manufacturer and this causes the fuse to trip.

Overpowering undervalued

Minimising the risk of Electrical Fires around the home could cost your dearly, says Menasche Scharf

Invisible to the eye and often taken for granted, electricity is something few of us would like to be without in our lives. Yet, as familiar as it is to us in our daily routines, the dangers it poses are not as well recognised. Fires caused by faulty electrical equipment or misuse of appliances are common. In the UK there are around 12,000 electrical fires every year - incidents that result in around 20-25 fatalities a year and some 600 injuries. Even something as simple as an overloaded multi-plug - sometimes referred to as a multi-way - or adaptor can cause a fire. By taking time to assess electrical fire risks in your home or rental property however, you can stack the odds in your favour of staying off those electrical fire statistics charts!

Looking for risk
The first step in minimising your risk of electrical fires at your property is to understand the most common causes of such fires. The number-one electrical fire originator in the home is faulty or loose wiring. Electrical systems tend to deteriorate over time and with use; think of the many times electricity plugs are yanked out from the wall socket, by accident or with intent. Cables may become worn and connections may work themselves loose as wires become brittle. If the wiring in your property is older than 10-15 years it is a good idea to have it checked.

Drawing too much current into sockets and multiplugs can cause fires too - especially if plugs have loose wires or contain fuses with inappropriate Amp ratings (Amp is an abbreviation for "Ampere", the unit of electrical current). A plug fitted with a higher amperage than the Electrical Circuit is designed for can overload, causing the wire to overheat and physically melt the wire, leading to a fire. As a rough guide, an electrical circuit using 1,000 watts ("watt" (symbol: 'W'), a Unit of Power) should have a fuse of 4 Amps fitted to it. Advancements in fuse design over the years means that if the correct fuse is used it will act very efficiently in breaking the current before the plug or socket overheats.

Minimising the risk of fire
Once aware of the risks it is much easier to manage them in a way that dramatically reduces the chances of you suffering an electrical fire. Where risks are identified action is required - and the number one action is to have equipment and electrical wiring inspected at regular intervals. As a guide, The National Inspection Council for Electrical Installation Contracting (NICEIC) recommends that all domestic electrical installations should be professionally inspected at least every ten years. They also suggest that wiring throughout the property be examined and upgraded to prevent degraded wires from starting a fire.

Electrical appliances should be inspected too using a PAT testing company. How often the inspection takes place depends upon how often the equipment is used. Electric blankets, for instance, should be serviced once every three years.

Additionally, for all new electrical installations made in homes and rental properties, it is imperative that the work carried out complies with the new Part-P electrical regulations.

Other actions you should take to minimise the risk of an electrical fire include:
· Keeping electrical appliance cables uncovered (i.e. don't run them under the carpet)
· When using an extension cable do uncoil it to prevent overheating
· Don't put a high wattage bulb into a light fitting designed for lower wattage bulbs
· Switch off electrical appliances when not using them
· Keep electrical sockets and appliances away from moisture sources
Finally, ALWAYS have smoke alarms installed in your property and TEST them weekly to ensure that they work!

Remember, if your electric doorbell is defective and you call an electrician for a repair, don't expect him to 'know' this; give him your contact telephone number just in case...

The P factor

Recent regulations affecting electrical installation work will give peace of mind to home-owners, landlords and tenants, says Menasche Scharf


Those who have had any work done on electrical installations in the home or rental property during the last couple of years will already be familiar with "Part-P" legislation. For the uninitiated, Part-P is a new requirement introduced into the Building Regulations code by the government. It came into force on January 1, 2005 and was subsequently updated in April 2006. Its purpose is to reduce the number of faulty electrical installations present in homes across the UK, and to make it more difficult for "cowboy" installers to fit unsafe electrics into a property. The ultimate aim to is to ensure the reduction of fires, injuries and even fatalities that are caused by unsafe electrical installations. Given that compliance with Part-P is now a legal requirement when undertaking all types of electrical work in a dwelling, the new regulation is one that we should all become familiar with, whether that be as a householder, as a landlord or as both.

What must we do to comply with the Part-P regulation?
Part-P legislation requires that any electrical work carried out in our homes or rental properties must now satisfy one of two criteria:

1 - The electrical work must be performed by a firm or installer registered on a government-approved competent persons scheme. Membership of the scheme is awarded to installers who are proven capable of self-certifying that electrical work carried out for its clients complies with the Building Regulations, specifically Part-P of those regulations. This criterion is the preferred compliance option.

2 - If electrical work is carried out by an installer who is not registered as a "competent person" - as a property owner it is your decision as to whether to use a registered competent person or not - the unregistered installer must arrange for the work to be inspected upon completion by the local authority's building control department.
As owner of the property and recipient of any electrical works performed on it, the onus is on you to ensure that whoever you use to do the job complies with either one of these criteria. Failure to do so is a criminal offence and could result in you and the installer receiving a hefty fine or worse.

Can I carry out electrical DIY work?
The short answer is 'yes'! Anyone can carry out electrical DIY work on their own property. However, the work performed, no matter how minor, must comply with Part-P of the Building Regulations. This means that you either must be registered as a "competent" person yourself, or else notify your local authority's building control department of the work so that they can come and inspect it.

There is, however an exception to this rule. If you are installing extra power points, new lighting switches or making alterations to an existing electrical circuit that is not in the bathroom, kitchen or outdoors, you do not need to advise the building control department about the work. For everything else - including new sockets in the bathroom, kitchen and outdoors - you do need to contact the building control department, or be registered as a competent person to self-certify the work.

A safer world with Part-P
As a report by The Electrical Safety Council at the end of March states: "statistics of deaths by electricity are shocking" - it is, therefore, no wonder that the government is finally clamping down on this sorry state of affairs. Indeed, before the introduction of Part-P every year would see, on average, 10 deaths from faulty electrical installations, around 750 injuries and some 2,000 house fires caused by unsafe electrics. Now, with Part-P in place, those figures are expected to fall dramatically. This is one piece of legislation that really could save lives!

Emergency call

When disaster strikes in the home, you will need immediate service. Emergency contracts are essential for both landlord and owner occupier, says Menashe Scharf

With winter now upon us, and the central heating in overdrive, millions of gas boilers in homes around the

country are being pressed into constant use. Some domestic boilers might not have seen the skilful hands of a CORGI-registered engineer for years; a lack of regular service history leading to inefficient fuel burning and potentially higher running costs.

As mentioned previously, an annual boiler service is, in tenanted accommodation- of course- a lawful requirement, and should be arranged by the landlord. But in private domestic residences no such law exists. For one's own safety it is highly recommended that an annual boiler service, and indeed an annual service of other gas, electrical and plumbing installations, be carried out by a competent person. It inspires confidence in the equipment to perform, and instills peace of mind -- an assurance that you have done all in your power to prevent your equipment breaking down as the result of neglect.

Yet, serviced or not, your central heating system is not guaranteed to last forever. Wear and tear through regular use could lead to corrosion and breakage of parts -- something an annual service may not pick up. So come that dreaded day when you find your boiler lifeless, your gas cooker dead or an electrical installation in your home not working, what should you do? The answer is to be prepared and take out a 24-hour Emergency Contract.

Like an emergency rescue service, this is an increasingly popular option for homeowners, landlords and tenants who need immediate assistance with a malfunctioning boiler or a total heating installation breakdown. The emergency contract provides 24-hour repair services, and can be arranged to cover a comprehensive set of eventualities, right through from significant issues such as boiler failure and electrical supply problems, to help with a blocked toilet and leaking taps.

Before choosing an Emergency Contract it is critical to assess how such a contract is supported by the provider. The quality of service varies from supplier to supplier.

For example, any Emergency Provider will claim that they provide an efficient response service right across the UK mainland, backed up by a network of literally thousands of Engineers, most of them on 24/7 standby. This promise, when put to test in a real-life situation, must stand up to their agreed service level agreements.

So what happens when you are faced with an emergency and you dial the call centre? When an emergency call comes in they promise to get a qualified engineer to your property within twenty four hours, anywhere in the country. It's a service you can really rely on for any emergency repair covered under your contract for gas, electricity, plumbing, drainage and household appliances - according to the levels of service that you paid for.

Emergency contracts are bespoke, so are built around your needs, whatever they may be.
To get you started you will normally choose from a number of base service levels. These can then be customised to varying degrees to establish an emergency contract that addresses your requirements. Basic emergency contracts offer 24/7 cover for your gas boiler. On top of that, you can add annual inspection and servicing of your boiler.

You can even use the emergency contract to set up annual CORGI-registered service inspections of other gas appliances -- a massive plus-point for landlords in their remit to ensure the safety of their tenants.
For a more comprehensive level of service that includes one year's cover for plumbing, electricity, drainage, pest control, house keys, hotel accommodation and roof-related emergency situations in domestic dwellings.

What's more, there are companies who would not charge for call-outs, nor for replacement parts -these can all be included in the contract.

If you are thinking of taking up an emergency contract, do consider that these agreements cannot be used to cover normal day-to-day property maintenance. Descaling / desludging of central heating pipes or the regular replacement of parts through wear and tear -- tap and cistern washers to give an example -- are issues that you will need to deal with yourself. Likewise, an emergency contract is not a replacement for your buildings and contents insurance. Your emergency contract might act like an insurance policy, but it is only valid in emergency call-out situations.

Household disasters can strike at any time. If your local tradesmen are busy on other jobs they might not be able to help you for days, or even weeks. But, one call to your emergency contract provider will get the problem fixed without delay, no matter what the season, or time of day (or night). It's a product very much worth having, if only for the peace of mind that it brings.

Keeping fire out

This week, Menashe Scharf examines the current legislation on ensuring the fire safety of HMOs

We touched last time on fire safety in HMO’s -- Houses in Multiple Occupation. These are buildings, such as individual houses, flats and maisonettes, where three or more tenants occupy the building, but in two or more household units within the property. So, for example, a house rented to three unrelated students would be an HMO, as would a larger property that has been split into separate living accommodation and rented out to multiple individuals or families.

For HMO properties certain laws apply to safeguard the welfare of tenants occupying the premises. These include stringent fire safety laws. So, landlords and tenants, it's time to read carefully. It matters not whether you are an experienced landlord with HMO properties or a seasoned HMO tenant; this applies to you and to all the landlords and tenants out there who are new to HMO’s. Reading this could save your life and, quite conceivably from the landlord's point of view, spare you from serving a prison sentence!

You and the law

On October 1, 2006 new fire safety laws came into force. For HMO’s it requires that a fire risk assessment of the building be conducted, and that adequate provisions are made for fire detection, fire fighting and escaping the fire. These elements are outlined below.

Fire risk assessment:
Landlords are responsible for conducting regular fire risk assessments in their HMO. The assessments can be performed by the landlord themselves, or by a responsible and competent person operating on behalf of the landlord. No official fire safety certificate is required from the assessment -- it is purely an exercise in identifying and managing risks.


Government guidelines suggest that fire risk assessments be approached in five steps…

Step 1 - Identify fire hazards. This requires the assessor to pinpoint sources of ignition, fuel and oxygen - the three components needed for a fire to start.
Step 2 - Identify the people at risk. This includes those living in the accommodation as well as neighbours who may be affected by a fire at the property.
Step 3 - Evaluate, Reduce, Remove and Protect from risk. Evaluate the risk and take action to lower the risk based on your findings.
Step 4 - Record, Plan, Inform, Instruct and Train. Keep a record of your fire assessments and the actions that you take as a result. Put an emergency plan in place so people know what to do in the event of a fire.
Step 5 - Review. Keep your fire assessments under constant review. Plan regular inspections and update your actions and emergency planning to take into account changes in the property and in the fire safety laws.
For further details on how to conduct a fire assessment do go and speak to your local council or fire service.
Fire detection and warning:

The new fire safety laws require that you deploy adequate fire detection and warning systems in HMO’s. In some instances, battery operated smoke detectors won't cut it. You may instead find that you need an automatic detection and warning system hard-wired into the building, and which is operated from a central control panel. If you are in doubt as to which type of detection system best suits your HMO you should consult your local council or fire safety officer.

Fire fighting equipment:
If a fire is detected HMO tenants need adequate equipment available to tackle the blaze. Serviced and operational portable fire extinguishers must be located on each floor of the property, and in sufficient number. Hose reels and sprinkler systems may also be considered in larger HMO premises, as should access to the building and its floors by the fire brigade. Other installations needed for good fire control are self-closing fireproof doors that can withstand up to 30 minutes of heat.

Fire escapes:
The landlord is responsible for the provision of internal and/or external fire escape routes in the HMO. This could be one or more set of external stairs, internal stairs, corridors or walkways. All escape routes identified as such will need to be fireproofed. The landlord is also responsible for providing adequate signage on where the escape routes and fire exits are located, and how they are to be reached in the event of a fire.

For HMO tenants:
If you are a tenant residing in an HMO you should make it your responsibility to ensure that your landlord complies with current fire safety laws. If you think that your landlord is not fulfilling their obligations you should first speak, or better write, to your landlord to inform him/her of your concerns. Ask for a response and for a commitment to addressing the issues raised. If no positive action is forthcoming do contact your local council or fire service. They will inspect the property, and in circumstances where there is non-compliance with fire safety laws, they can take steps to remedy the situation. In some circumstances the council may bring prosecution proceedings against the landlord.


Fire Office Contacts
London: The London Fire Brigade is run by the London Fire and Emergency Planning Authority (LFEPA). Each London borough and the City of London has its own fire safety centre. To contact your local centre telephone LFEPA on 020 7587 2000.


Manchester: The Greater Manchester Fire and Rescue Service covers Bury, Manchester, Salford and Stockport. For details of your local fire safety office you can contact the main switchboard on 0161 736 5866.

Most importantly, be sure to have your Mezuzos checked at least twice in seven years, after all, it's your safety which is at stake.

A burning issue

Figures show that there are now more homes fitted with smoke alarms than ever before in the UK. Compared with 20 years ago this represents a ten-fold jump in smoke alarm ownership. Menasche Scharf recommends you follow the pattern

There is still much work to do in terms of promoting smoke alarm awareness. Not only are hundreds of thousands of homeowners and tenants exposed to fire hazards without any sort of smoke alarm device installed in their properties, but a significant number of householders who do have alarms fail to maintain their units, or even check that they are working properly.

TYPES
Ionisation alarms are the cheapest and most readily available. They are highly sensitive to smoke particles and will sound the alarm whenever a threshold number of particles enter the unit's ionisation chamber. But be warned - these types of alarms are easily set off by extraneous smoke from cooking. It is therefore best to place any ionisation alarm that you have well away from the kitchen area, otherwise you may find yourself constantly wafting a tea towel at it!

Optical smoke alarms are the alternative. These units sense fire by using an infrared emitting diode and photo diode to detect smoke particles entering the diode housing chamber. When the light beams are broken the alarm sounds. For smouldering fires, such as those that involve the burning of foam-filled furniture, optical smoke alarms are the best. They can pick up on these sorts of fires much more quickly than an ionisation unit can.

Fire safety officers actually recommend that both types of alarm be installed in your property. But, if you can't afford both, one alarm is better than none!

When making your choice you should also consider the volume of the alarm. All alarms have a a decibel (dBA) rating. This generally ranges from 55dBA (quietest) to 90dBA (loudest). In a normal situation where the alarm is needed to wake healthy adults from a deep sleep at 4am, an alarm of 55dBA to 65dBA will do the job. But, if you are hard of hearing a louder alarm is recommended. Just to be sure that your smoke alarm will wake you from a deep sleep it is worth testing it out in your own home. You could have someone set off the alarm during the night to see if or how quickly you wake up. If you sleep through the noise, you need a louder alarm!

POSITIONING

As smoke always rises a smoke alarm performs best if it is secured to the ceiling. Ideally, you should have at least one smoke alarm per floor of your property. These should be located in common access areas, such as on your landing and hallway or at the foot of your stairs.

For total peace of mind it is worth considering positioning a smoke alarm in every room where there is a large electrical appliance. This includes lounge areas and bedrooms. Once installed, check your smoke alarms on a regular basis. Use the 'test' button on the alarm unit to make sure it is in good working order every week; change the battery every year, and replace the units completely at least once every ten years. If you have the decorators in, do make a special effort to check your alarm after they've gone. If there's been dust flying about they might have removed the battery to stop it constantly going off.
Remember - a smoke alarm is only of any use if it actually works!