5 Sadly, recent tragic events in South Yorkshire saw a two year old girl, Libby- Jayne Hornsby lose her life in a house fire in Conisbrough.

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1 Response of the CFOA National Home Safety Committee to the Department for Communities and Local Government review of property conditions in the private rented sector Introduction and overview 1 With the passing of the Energy Act, the National Home Safety Committee of the Chief Fire Officers Association (CFOA) welcomes the Government s consultation on conditions in the private rented sector. 2 While we welcome and encourage the wider review of practices within the sector, we are most pleased to see the focus on smoke alarms and carbon monoxide detectors and that is where we will be focussing our comments questions 15 of the review document. 3 We urge and strongly recommend that the Government enact the enabling measures that were included within the Energy Act, that require private sector landlords to install and maintain smoke alarms in all their properties. 4 We passionately believe that regulation is required in this area, based upon our professional knowledge and experience, as well as underpinning local intelligence. 5 Sadly, recent tragic events in South Yorkshire saw a two year old girl, Libby- Jayne Hornsby lose her life in a house fire in Conisbrough. 6 This needless tragedy has provided an unfortunate platform to raise the issue of smoke alarms in rented homes and has prompted a local newspaper (South Yorkshire Times) and the South Yorkshire Coroner to initiate their own campaigns for change and call for action. 7 Success for this campaign will mean that this little girl has not died in vain and many voices, including those representing landlords themselves, are united in agreeing that something should change. 8 The changes we propose, while small, would address the fact that among the (thankfully) falling number of fire-related deaths, those living in rented accommodation are exposed to significantly higher risk than other sociodemographic groups in society.

2 9 However, while a voluntary system has had limited success, only a system of regulation with significant penalties would ensure that rogue landlords felt compelled to install and periodically check smoke alarms and protect their tenants. National background data stats, costs, implications 10 Although a broad-range of fire-related incidents are dropping in number, including deaths and injuries, a significant risk remains for those living in rented accommodation. 11 The voluntary approach that has been deployed so far, has failed to have a significant impact on these individuals and the numbers of people in rented homes is increasing dramatically, nearly doubling since Between 2006/7 and 2011/ people died in fires where there was no smoke alarm present and the Government s own Fire Kills campaign continues to show that those without a smoke alarm are four times more likely to die in a fire. 13 Apart from the obvious tragedy, the cost to the economy as a result of these deaths was in the region of 2.67bn over five years using HM Treasury data. 14 According to the 2011 English Housing Survey, 88% of households now have a working smoke alarm a figure that has risen dramatically from 74% in This improvement has been brought about by a significant investment from both the Government and local fire and rescue services, who have undertaken a major programme of fitting smoke alarms and engaging with vulnerable people. 16 Non-statutory and non-regulatory approaches, such as Firemark and the nudge pilots in Blaby and Bristol, have helped to promote home safety among good landlords. Sector bodies such as the National Landlords Association (NLA) and others have also worked hard to encourage their members to promote the safety of their tenants. 17 However, our experience and local intelligence demonstrates that these schemes only attract those landlords already likely to install fire safety measures and as a result smoke alarm ownership in the private rented sector remains notably lower than the overall figure, at 82.3%. 18 Using 2011 Census data, we can estimate that there are still some 690,322 private rented properties in England and Wales without smoke alarms. New properties are required to have hard-wired detectors fitted. However, these

3 alarms only have a 10 year guarantee and still require testing and maintaining. 19 While just 12% of properties overall do not have a smoke alarm fitted, they were absent in almost 40% of house fire deaths. This is a disproportionately large figure and must give cause for concern. 20 In the past significant decreases in fire deaths have followed major regulatory changes, including regulations around foam-filled furniture and changes to building regulations. 21 In reality what we propose would be a small change that would have significant societal and economic benefits. Support and stakeholders 22 The fire and rescue sector is confident that enacting these proposals has widespread public and stakeholder support, which we expect to be reflected in the volume of responses you receive. 23 Support for introducing simple and low cost regulations in this area have been received from nearly all local agencies, including the police, health agencies and local authorities. In particular, near-universal support has been received from housing associations and registered social landlords. 24 It must be highlighted that even organisations representing landlords have written in support of the need for regulation, as a means to ensure that quality standards are maintained across the sector. In particular we have received endorsement from the National Landlords Association (NLA) and tenants associations such as the Federation of Private Residents Associations (FPRA) and TPAS Ltd. 25 More widely, a recent YouGov survey (February 2014) showed that 93% of all UK adults agreed (agree or strongly agree) that private landlords should be required by law to ensure that working smoke alarms are fitted in rented residential properties. 26 In addition, a further YouGov survey of UK businesses (March 2014) found that overall, 91% (agree or strongly agree) of respondents supported the intention that private landlords should be required by law to ensure that working smoke alarms are fitted in rented residential properties. 27 Interestingly, support was high in those sectors most closely aligned with the private rented sector and housing, including those working in the real estate sector (100%) those in hospitality and leisure (90%) and those working in construction (92%).

4 28 The fire and rescue service has also received written support on this matter from fire sector bodies including the Fire Protection Association (FPA), Fire Industry Association (FIA) and others. 29 Critically, there is cross-party political support from Members of the Local Government Association s (LGA) Fire Service Management Committee (FSMC) as well as MEPs, MPs and Peers, including those sitting on the All Party Parliamentary Group for Fire Safety and Rescue. Many of these individuals will have contributed to the review themselves. Shelter / Crisis joint report 30 The issues associated with the growing number of vulnerable people living in private rented housing have recently been highlighted by the charities Shelter and Crisis in their 2014 joint report A Roof Over My Head. The following extract shows the extent of the problem. There are now 3.8 million households living in the private rented sector (PRS), a number which has nearly doubled in the past ten years. The PRS is increasingly being used by local authorities and agencies to house homeless people. (A Roof Over My Head, 2014) 31 In particular this report highlights the challenges faced by people with a range of complex vulnerabilities, living in private rented accommodation. Many of these risks, including poor mental health and a history of drug and alcohol misuse mean that individuals are at a greater risk of being involved in a fire. Existing data from fire and rescue services shows this to be the case. 32 For the fire and rescue sector this adds an additional layer of concern and further convinces us that landlords should be required to more actively support and consider the safety of their tenants. Costs, enforcement and roll-out 33 The cost of fitting smoke alarms needn t be a significant regulatory burden or cost for landlords or the broader private rented sector or indeed for local authorities. 34 A smoke alarm with a ten year battery, which is similar to those fitted by the fire and rescue service during a home safety check, is available on the high street for between and This is the equivalent of just 1.59 to 1.99 per year, for the life of the alarm. 35 Fire services are comfortable fitting these types of alarms, which through a comprehensive programme of home safety checks provide early warning in so many homes and have meant the difference between life and death.

5 36 Previous attempts to promote the mandatory fitting of smoke alarms talked about requiring hard-wired smoke detectors. However, many of these systems only have a 10 year guarantee and are much more costly requiring checks and maintenance and providing an ongoing burden for landlords. This would not be an approach that the sector would be pressing for. 37 The fire and rescue service already works under the Fire and Rescue services Act 2004 and the Regulatory Reform (Fire Safety) Order (RRO) 2005 to enforce fire safety in commercial premises and houses of multiple occupations (HMOs). These actions include prosecuting private landlords. 38 However, the fire sector does not currently act as a regularised inspector and has no intention of taking on the role of the smoke alarm police on this issue. The current approach is to investigate and prosecute, if necessary, where issues and incidents emerge either after an incident or through other means. 39 This approach delivers the most limited impact on landlords and owners and does not require other bodies, such as councils to maintain registers of landlords. However, its success relies on the imposition of a suitable deterrent and systems of substantial fines and penalties that can be deployed. In the discharge of the RRO, this has been central to success and changing behaviour 40 If these proposals are adopted, the fire sector is also ideally placed to promote, communicate and raise awareness of any legislative changes that would improve the safety of those living in private rented accommodation. 41 The existing Fire Kills campaign led by Communities and Local Government has gained widespread recognition for the impact of its work in promoting key fire safety messages. Much of that success is due to the close working relationship which has been developed with FirePro, the network for communication teams in the Fire and Rescue Service. 42 By using consistent messages across multiple national and local channels and networks, the campaigns are consistently among the most cost effective of those in the public sector, with independent tracking showing high recognition and behavioural change rates. Manchester university research 43 The University of Manchester is also undertaking a major piece of research, working with the fire and rescue service to comprehensively understand the links between tenure, fire and societal risk. 44 If the Government is minded to take forward the proposals on smoke alarms, the outcomes of this work will be critical in pinpointing where action and change can have the biggest impact.

6 45 The basis of the work is a fundamental look at more than five years worth of fire-death data from all 46 English fire and rescue services. This data is held in fire investigations reports as until now, tenure has not been one of the areas captured by the national Incident Recording System (IRS). 46 Initial results at an early stage show that nearly two thirds (62%) of fire deaths that occurred in private rented housing, did not have a working smoke alarm. Equality considerations 47 In many areas, fire and rescue services work with households that include people with physical disabilities and other impairments i.e. those who are deaf or hard of hearing. Smoke alarm manufacturers and fire services have developed a suite of products to address these specific issues. 48 While we are not arguing for an additional requirement on landlords to consider the equality considerations of their tenants, we hope that landlords and tenants will work with local fire and rescue services to determine the most effective and relevant safety devices. Next steps 49 As we have previously mentioned, if the proposal is supported and receives the backing of Ministers at the end of the review, then we place ourselves at your disposal in order to establish the most practicable means of delivering the policy. This includes fully supporting the Department and officials in undertaking a comprehensive impact assessment.

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