PROPERTY MANAGER CONVICTED OF FURNITURE SAFETY OFFENCES

In probably the first case of its type, property manager Velma Shallow, proprietor of Lyttons Property Services at 101A Cowley Road, Oxford, pleaded guilty on April 3 1998 at Oxford Magistrates Court to supplying furniture which did not meet fire resistance standards and illegal electrical goods to tenants in accommodation which she had let out.

The landlord, Mr Shafi, employed Lyttons to manage the property for him. In court it was heard that Mr George Shallow, Velma Shallow's father, failed to make vital checks on furniture in the house prior to the tenants moving in. Four students in the property then complained to Oxfordshire's Trading Standards Service, who seized a number of items for testing.

Miss Shallow pleaded guilty to 12 charges relating to two chairs, a sofa, four mattresses and a refrigerator brought under the Consumer Protection Act 1987, involving the Furniture and Furnishings (Fire) (Safety) regulations 1988, Electrical Equipment (Safety) Regulations 1994 and Plugs and Sockets etc. (Safety) Regulations 1994.

The Lady Chair of the magistrates imposed fines totalling £1625 on Miss Shallow and ordered her to pay £1400 costs. She commented at the end: "We would like to stress that if you are letting property to tenants you must have regard for their safety. The regulations are installed for the benefit of the public and the safety requirement must be stringently followed."

This case emphasises that letting agents who manage properties for landlords can be equally responsible for ensuring consumer items supplied in rented accommodation such as furniture and electrical goods are safe.

Oxfordshire Trading Standards Service offers advice and guidance to businesses and individuals about how they can meet their legal obligations. Please contact John Paddock or Nigel Smart at PO Box 618, County Hall, Oxford. OX11DX. Tel: 01865 815000 Fax: 01865 241402. E-mail: info@oxon-tss.org.uk for more information.

DRUMMOND-REES-v-DORSET COUNTY COUNCIL (1996)

The Landlord had prepared a property ready for letting but the Tenant refused to move into the property for fear of electrical items not being safe to use. The Tenant complained to the local T.S.O. who prosecuted the Landlord for supplying unsafe electrical goods to the property which did not comply with the Electrical safety and insulation's Regulations. The court decided that even though the Tenant did not move in to the property, the intention to leave the unsafe items at the property by the Landlord and the fact that the goods were at the property at the start of the Tenancy was still a breach of the regulations.

FIRE & FURNISHINGS REGULATIONS

A furniture dealer was prosecuted for supplying non-compliant furniture. It involved a farmer letting out his cottage bungalow for a holiday let and buying second-hand furniture from the dealer. The T.S.O. decided to prosecute the dealer rather than the Landlord, as the dealer was in a better position to know and understand the regulations. The dealer was fined £750. It will take further cases to understand how relevant this case will be in using this as defence for a Landlord.

GAS SAFETY REGULATIONS
HYAMS-v-OWEN 1997

Mr Own, the Landlord, allowed a maintenance man who was not CORGI registered to fit a boiler which did not comply with the safety regulations. The tenant Sonjia Hyams died from carbon monoxide poisoning. The Landlord was imprisoned for two years for manslaughter and the maintenance man 15 months.