Smoke Alarms (Private Rented Sector) Debate

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Smoke Alarms (Private Rented Sector)

Nick Raynsford Excerpts
Wednesday 7th May 2014

(10 years, 1 month ago)

Commons Chamber
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Nick Raynsford Portrait Mr Nick Raynsford (Greenwich and Woolwich) (Lab)
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I beg to move,

That leave be given to bring in a Bill to require the Secretary of State to make provision for the mandatory installation of smoke alarms in privately rented accommodation; and for connected purposes.

At the outset, I draw attention to my interests as declared in the Register of Members’ Financial Interests, including my role as a non-executive director of the Fire Protection Association—a not-for-profit organisation that works to improve fire safety.

Smoke alarms save lives. The latest Government statement on the subject, issued by the Department for Communities and Local Government in February, states that

“analysis suggests a person is…4 times more likely to die in a fire in the home if they do not have a working smoke alarm”.

In recent years, as our fire and rescue services have focused increasingly on fire prevention, we have seen a substantial increase in the number of homes that are protected by smoke alarms. Building regulations require smoke alarms to be installed in all new dwellings. The impact of that regulatory requirement, together with national and local promotional campaigns to get alarms fitted in existing properties, has been to ensure that almost nine out of 10 homes across the country are equipped with at least one working smoke alarm.

That still leaves about 2.5 million homes unprotected. By a margin, the largest proportion of unprotected homes are privately rented. The latest available data from the English housing survey suggest that only 82% of privately rented homes were equipped with a working smoke alarm in 2011. The purpose of the Bill is to remedy that by making the installation of a working smoke alarm mandatory in all privately rented housing. I would have no objection to extending the provision to all rented homes, including those rented from councils and housing associations. However, as those sectors have already gone significantly further, with 89% of council properties and 93% of housing association homes having working smoke alarms, it seems sensible to start with the sector where the need is greatest.

Very few people appear to disagree with the proposal. The National Landlords Association says:

“we already advise that it is best practice to install smoke alarms and carbon monoxide detectors in rental properties and are comfortable with this being made a regulatory requirement”.

The British Property Federation says that it

“supports the compulsory roll-out of smoke alarms and CO alarms across the rented sector”.

The Chief Fire Officers Association, which has provided me with very helpful information and guidance in preparing the Bill, is adamant that this proposal is one of the simplest and most effective ways to save lives.

The Government appear to agree. Section 150 of the Energy Act 2013 empowers the Secretary of State to make provision, by statutory instrument, to require residential landlords to ensure that tenanted properties are

“equipped with a required alarm”.

A required alarm is defined as covering smoke alarms and carbon monoxide alarms.

The public appear to support the proposal overwhelmingly. Research by YouGov, which was commissioned by Cheshire fire and rescue service but conducted nationwide, found that 93% of the more than 2,000 respondents agreed with the statement:

“Private landlords should be required by law to ensure that working smoke alarms are fitted in rented residential properties.”

A parallel YouGov survey of businesses found a very similar level of support, with 91% of the 690 respondents agreeing with the statement. Interestingly, when that was broken down by category of business, YouGov found 100% support among real estate respondents. That does not imply that there is opposition to the principle of regulation in the industry.

What can possibly be the objection to taking action? Why has the necessary statutory instrument not been introduced? The clue to answering that question appears in the DCLG consultation paper that was issued in February, to which I have referred. The paper, which is entitled “Review of Property Conditions in the Private Rented Sector”, sets out clearly the forceful arguments in favour of the mandatory installation of smoke alarms and carbon monoxide alarms as a lifesaver. However, the paper continues:

“requiring the installation of smoke alarms in all privately rented homes would impose additional costs on landlords.”

It concludes:

“Regulation is always a last resort and, as part of the review, we will also explore the scope for non-regulatory alternatives to promote further take-up.”

I find that regulatory burden argument wholly unconvincing. As I have pointed out, the National Landlords Association and the British Property Federation are in favour of the proposal. When the representative bodies for the businesses concerned are not complaining about the regulatory burden, why on earth do the Government see a problem?

The Government are sceptical about regulation, but that scepticism does not prevent them from imposing new regulatory burdens on landlords when they want to. For example, the Immigration Bill, which the House will debate this afternoon, will impose penalties of up to £3,000 on landlords who let premises to people who do not have leave to remain in the UK, even if they were unaware of their tenant’s immigration status. Landlord representatives have made it clear that they oppose that new regulatory burden, but the Government have insisted on keeping the provision in the Bill.

However, when landlord representatives are not opposed to a new regulation that would save lives, the Government appear less committed. That is, frankly, perverse. The cost would be tiny both in absolute terms and as a proportion of landlords’ income. A sealed smoke detector with a 10-year battery costs about £15, which is only £1.50 a year spread over the life of the battery. Even if three or four alarms needed to be installed, it would still be no more than £6 a year, compared with an average rental income from a private letting of more than £10,000 a year. The regulatory burden argument is wholly unpersuasive, and we simply cannot allow such a flimsy pretext to delay any further the necessary action to save lives.

Nor is it the case that, as the DCLG consultation paper implies, voluntary arrangements without a regulatory obligation will be an adequate alternative. We have certainly seen real progress in voluntary arrangements to date, with the number of existing homes protected by smoke alarms increasing dramatically over the past decades. However, a law of diminishing returns is at work. Landlords keen to do the right thing will almost all have installed alarms by now. Those who are negligent or indifferent to tenant safety may well not have done so. Without a legal obligation, it is unlikely that they will respond positively to further encouragement. That is one reason why landlord representatives are not opposed to making the installation of smoke alarms a regulatory obligation. It would ensure that there was a level playing field and help raise safety standards across the whole sector.

The failure of irresponsible or negligent landlords should no longer be allowed to damage the reputation of the whole private rented sector. The case for the mandatory installation of smoke alarms in all privately rented housing is overwhelmingly strong, which is why I am presenting the Bill as a call to action. I am delighted that it is supported by Members from throughout the House, and I am grateful to all right hon. and hon. Members who have agreed to add their names as sponsors. It is a simple, common-sense measure that would save lives, and I commend it to the House.