The Organisation I work for own a number of commercial properties that are let out as Holiday Cottages. I was recently asked if there is a legal requirement to provide stair gates, as the properties are often let out to families with small children. I'm struggling to find any legislation or guidance that could provide the answer. 

I could argue the case on the basis of our moral duty of care, also financial reasons for and against the provision of stair gates. If they were provided it opens up another can of worms, we would need to ensure they are fit for purpose which would require them to be permanently fixed in place and regularly inspected. Customers that do not have children, Im sure would be displeased to have permanently fix stairgates getting in their way, and could introduce an additional hazard for other customers e.g. reduced mobility. 

I'm currently considering the suitability of amending the T&C's to make customers aware of the hazard and that if they require stairgates they should be taken with them.

Could anyone shed some light?  

You can advise prospective occupants in the adverts, at time of booking, and in your T&C's HOWEVER this would not remove or disperse any liability in the event of death or injury.

In not providing such protections you are giving implied permission for renters to use their own equipment which could be detrimental to the fabric of the property when installed (screws in to walls / woodwork).

As a rental property you need to review any provision against the requirements set by the local authority as they would be the enforcing agent in the event of any incident.

Anecdotally - I stay in holiday cottages 2 or 3 times per year. I have never been into one that has a stair gate installed. I am thankful for this as trying to carry a suitcase about a stairway through a stairgate I had never used before would probably lead to much swearing.

Doesn't mean this is right, they might all be wrong!

Originally Posted by: Lee3183

a lot of the properties do not have a secondary emergency escape, therefore some of the large windows are used with emergency escape ladders.

Last year I rented a property at the coast which had an "emergency escape ladder" as there was only one entrance / exit except:

1) One of our party had arthritis so would be unable to use such a device

2) Some smart arse informed the owner they needed window restrictors so the local handy man had screwed wooden stops in to the sash windows making escape impossible without a screw driver.

Whenever myself and family go on holiday we specifically only book ground floor apartments/rooms. This is because chldren and balconies dont end well and also because ofstairs. The compnay you work for isn't required to install stair gates, the same as landowners aren't required to fence off every pond or lake that the public have access to. Parents are responsible for their children.

I think I am stretching my anaolgy above a litte, but yes in my opinion argue against stair gates as you mentioned the can of worms will be a large one.

Originally Posted by: Dazzling Puddock

The smart arse was probably right though, any window which a person could fall from and sustain serious injury should be fitted with a restrictor and that restrictor should not be easily defeated.

Can't seem to find any reference to validate such an assertion in the Building Regulations 2010. But then the point was about a lack of joined up thinking - the "owners" assessed fire risk, being able bodied mistakenly determined a window ladder was a good alternative escape route and then promptly defeated the device by rendering it inoperable (Bit like fitting a crash bar fire exit door then adding a padlock).

No problem with your observation for hospitals, schools, sheltered accomodation or similar.

Been a while since used stairgates but when we did have them they were just a portable version that fitted into place by screw grips (search for no screws stairgate or pressure fit stairgate). That way if someone wants to use them they can just fit it themselves? Could you just not provide these complete with the instruction manual and then leave it to the individual to decide?