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require
landlords to provide smoke alarms in rented accommodation; and
for |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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“contract of tenancy”
means an agreement between a landlord and tenant |
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which specifies the terms
and conditions of the tenant’s period of |
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residence in the relevant
premises; |
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“landlord”,
“relevant premises” and “tenant” have
the meaning given by |
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regulation 36 of the Gas
Safety (Installation and Use) Regulations 1998 |
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(a) |
in relation to England— |
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(iii) |
a London borough council; |
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(iv) |
the Greater London Authority; |
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(v) |
the Common Council
of the City of London in its |
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capacity as a local
authority; |
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(vi) |
the Council of the Isles
of Scilly; and |
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(b) |
in relation to Wales,
a county council or a county borough |
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“system of smoke
detection” means at least one mains-powered smoke |
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alarm with an integral battery
stand-by supply which complies with |
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grade D of British Standard
5839: Part 6 (2004). |
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2 |
Installation
and maintenance of systems of smoke detection |
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(1) |
Before a contract of tenancy
is agreed a landlord must ensure that a system of |
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smoke detection is in place
in the relevant premises. |
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(2) |
Every contract of tenancy
agreed after this Act comes into force must contain |
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an undertaking by the tenant
to— |
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(a) |
test all smoke alarms on
the relevant premises at least once a month; |
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(b) |
notify the landlord of any
defect in any smoke alarm. |
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(3) |
Every contract of tenancy
agreed after this Act comes into force must contain |
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an undertaking by the landlord
to rectify all defects notified under subsection |
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(1) |
A person who fails to comply
with section 2(1) commits an offence. |
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(2) |
A person guilty of an offence
under section 2(1) is liable— |
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(a) |
on summary conviction, to
imprisonment for a term not exceeding 12 |
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months, or to a fine not exceeding
level 5 on the standard scale, or to |
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(b) |
on conviction on indictment,
to imprisonment for a term not exceeding |
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two years, or to a fine, or
to both. |
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The Secretary of State may
by regulations make local authorities responsible |
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for the enforcement of this
Act to such extent as may be prescribed. |
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(1) |
Any power to make regulations
under this Act is exercisable by statutory |
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(2) |
A statutory instrument containing
regulations under this Act is subject to |
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annulment in pursuance of
a resolution of either House of Parliament. |
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There
shall be paid out of money provided by Parliament any increase
attributable to |
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this
Act in the sums payable under any other Act out of money so provided. |
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7 |
Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Fire Safety (Protection of Tenants) Act 2011. |
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(2) |
This Act comes into force
at the end of the period of six months beginning with |
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the day on which it is passed. |
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(3) |
This Act extends to England
and Wales. |
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