The property industry is still coming to terms with the full impact of the Building Safety Act 2022 (the Act).
As we digest the Grenfell Tower Inquest, what has become clear is that more responsibility now lies with landlords when it comes to protecting tenants from fire and safety issues in their buildings.
Given these increased responsibilities, it is plausible that many landlords may introduce additional “house rules” governing the behaviour of tenants to ensure compliance. For instance:
- Fire safety protocols: Landlords may implement more strict fire safety measures, such as prohibiting the use of certain appliances or mandating regular fire drills. We are used to these in an office setting, but perhaps a requirement for PAT-testing certain domestic electrical equipment every few years will become standard practice?
Landlords might also want to consider banning smoking or the use of candles in their properties. Or hair straighteners. Or the charging of e-scooters. The list could go on!
Should tenants be restricted with regards to furniture in their flats? Banned from hanging flammable curtains? How about a requirement to leave a clear escape route? No kicking shoes off by the front door, in case they impede safe exit?
Are you going to ask your tenants to complete a fire safety course?
- Use of Common Areas: Rules regarding the use of communal spaces might be tightened up to prevent activities that could compromise building safety.
Are you sure your tenants are not leaving their bikes/umbrellas/bin bags in the communal hallway?
Have your tenants helped themselves to “storage space” in the common areas? Will they now claim an acquired right to continue using these spaces?
CCTV might be a good idea in these areas, although the landlord must still ensure compliance with data protection laws.
- Inspections and Access: Landlords may want to schedule more frequent inspections to ensure compliance, requiring tenants to grant access to their apartments.
For Higher Risk Buildings, the Act introduced several implied covenants into existing leases, including allowing the landlord to enter their premises (at reasonable times and on 48 hours’ notice) for building safety purposes, such as inspections or to carry out necessary works.
But how often can a landlord do this without breaching a tenant’s right to peaceful enjoyment? The Act doesn’t say.
This all sounds very dystopian, but you can see how it might come about as landlords bend over backwards to ensure compliance, as almost all responsibility now lies with the landlord, and the penalties for getting it wrong are incredibly harsh.
If you are a landlord, you are still constrained by what is already in your lease, including whether you have the right to introduce new regulations. You are also required to balance any additional rules you impose with your tenants’ rights and comfort, so do ensure that you clearly communicate why you propose any changes and how they are designed to improve tenant safety.
If you have any questions relating to the Building Safety Act 2022, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.