OK here is a fire safety question which I do not know the answer to!

Do the rent-a-room schemes that the government is promoting fall under the Fire Safety Order?

The rent-a-room scheme, as I understand it, allows for someone to rent a room in their house (or flat) to a maximum of two paying guests. I am aware of the guidance 'Do You Have Paying Guests?' but I'm still not sure if a house which has paying guests is strictly a single private dwelling.

Before anyone says it (as I am sure they will) I have approached a local fire authority and they seemed unclear too. I'd be interested in the general thoughts out there.

Regards
Shaun

AK your answer seems quite straight forward but if the house is rented does it cease to be a private dwelling as defined in article 2?

Shaun,

It would depend upon the specific facts; if you were letting the room on a day to day basis, it could be argued that the premises are open to the public and therefore not private. However, if it was a short term assured lease then it would be probably be held that the premises were private. Unfortunately, this has not been tested in court.

Regards

As i understand it it would depend on the term of the let if it was for a week on a casual lettings basis then the RRO would apply but if you where letting it for a longer term 6 months then it would not apply.

Of course should there be a minimum standard set even when letting out your home on a long term basis for example suitable fire detection installed and fire fighting equipment?

The likelihood of someone been prosecuted in any of the given situations is very unlikely unless it is a direct result from fire as it would not be in the public interest to take the case to court which is one of the criteria that has to be fulfilled before they consider prosecution.

Phil

Hi Shaun

You have given a bit more bones to the story. my comment is about renting the whole house not just a room.

The fact the person is living in the house owns the house then makes it their private dwelling. They also rent out a room i would say on a long term basis (the same person for 5 days of the week which i think is the type of scheme you refer to) niot a different person each week. The what information i have been told they are still eluded as the person owning the house lives there and any tenant is on a long term basis so it would also be their private dwelling.

if it has happened to you could you not help advice the owner of some basic measures to take. as you say doesn't sound very good but if they did fall under the RRO then many would stop doing it because of the costs in upgrading the property with fire doors and proper fire detection. If i was asked i would advice having either the fire service carry out one of their free in home inspections carried out, which should sort out the basics. Or advice having a fire risk assessment carried out as the cost is not that great for the peace of mind of both the home-owner and tenant.

Phil

i think they may have been referring to the fact that you would have to pay Tax as it would be an additional income when they refer to it as being a business.

I think it more in terms of letting a room to a mate at work so to my mind it would still be my private dwelling. I guess equally if you let someone to live with you for free would that then make the difference for the RRO then not to apply, even though the same people are at risk. Is money the deciding factor rather than the persons involved?

i think these sort of arrangements will always be unclear until challenged in the court which is very unlikely to happen, But letting a room to a different person each week for bed and board is much clearer and the RRO does apply.

Phil

"if persons can come into the premises without informing you makes it a public place as opposed to a private place. This takes it into the RR(FS)O 2005."

So what about B&B's members of the public can't just walk in (you would have to phone or book) but they certainly come under the RRO.

Also HMO do come under the RRO As they are listed on the Sleeping Accommodation guidance document including common areas of flats.

Phil

Some of the issue is that premises not previously covered by any form of legislation now come under the RRO (B&B's for example) so i think there will always be this grey area with other premises as to whether they fall under the RRO or not. The fire service has it's own priorities and will be looking at larger premises which will effect members of the public more, than possible someone who is renting out a room.

It did seem strange that common areas of flats should come under the RRO but given recent fires then clearly some form of control over these areas are important.

Phil

Hi Shaun,

A very interesting debate and and question.

I would tend to agree with you, but it may be that you have to take it to the courts for case law to be established. These accommodation and housing issues are never straight forward unfortunately. Better if it was a HMO where at least you could approach the local EHO for assistance.

Additionally I was thinking that if this was a family situation where the lives of the occupants where being threatened by the "Man of the House" so to speak by conducting such activities then how would the courts look on an application of other family memenebrs to have closed doors, detection etc, the only one I find there maybe difficulty is in looking the final exit door, but again this could be settled by slip bolts etc.

I think and hope they would side with you and the other family members

Regards


Wizard