Furniture and electrical safety regulations’ amendments – what every landlord should know

The amendments to furniture fire safety and electrical safety legislation (2025) are not dramatic departures from the existing law. They are, however, part of a continuing consolidation of minimum safety standards in the private rented sector (PRS). But they tighten enforcement for those landlords who treat compliance casually.

There are two sets of amendments affecting landlords in England and the furniture ones also affect Scotland & Wales.

The Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2025 (SI 2025/531), amend the long-standing 1988 regime; and The Electrical Safety Standards in the Private Rented Sector (Amendment) Regulations 2025 (SI 2025/1043), modify the 2020 electrical safety framework.

Safety in rental properties - the legal framework

Safety in the private rented sector (PRS) is no longer something that can be ignored; it’s not a peripheral compliance issue. No, it’s central to the legal and regulatory framework within which every buy-to-let landlord now operates.

Modern housing law does not merely expect landlords to provide accommodation; it requires them to provide accommodation that is demonstrably safe. That duty is enforced through a layered system of statutory obligations covering fire, gas, electricity, structural integrity, carbon monoxide, and product safety.

Understanding that framework is essential before examining any individual regulations.

This article applies primarily to England and is not a full interpretation of the law. Always seek professional advice before making or not making decisions. Use this guide as the starting point for your research, not an endpoint.

The foundations of housing safety regulation

Section 11 of the Landlord and Tenant Act 1985 (often confused with the Housing Act 1985) is the foundational legal requirement for rental property safety and maintenance in England, mandating that landlords keep the structure, exterior, and key installations (water, gas, electricity, sanitation, and heating) safe and in repair. It applies to most residential tenancies under seven years in length, though of course the new Renters’ Rights Act tenancies are continuous.

The cornerstone of property safety regulation in England and Wales is the Housing Act 2004. Part 1 of the Act introduced the Housing Health and Safety Rating System (HHSRS), a risk-based assessment tool used by local authorities to identify and address hazards in residential accommodation.

There are 29 prescribed hazard categories, including such things as fire risk, electrical hazards, excess cold, carbon monoxide, trips and falls, damp and mould.

These hazards are categorised into their degree seriousness, so a Category 1 hazard (serious risk), if identified by the housing authority, it has a duty to act. For Category 2 hazards, it also has the power to act. The key point is, safety enforcement is no longer complaint-driven alone. Councils, especially since the passing of the Renters’ Rights Act (RRA) 2025, can intervene proactively.

Local authorities will issue improvement notices, and the Homes (Fitness for Human Habitation) Act 2018 allows tenants to sue landlords for damages.

Non-compliance with rental health and safety regulations can lead to severe penalties, including unlimited fines, imprisonment for up to two years, civil penalties of up to £30,000  (raised to £40,000) per offence, Rent Repayment Orders (RROs) (now 24 months’ rent), and an inability to serve eviction notices. 

For example, failure to complete the requirements of the Gas Safety (Annual Safety Check) carries fines of up to £6,000 per appliance and/or six months in prison, while Electrical Safety (EICR) checks carry fines of up to £30,000 (raised to £40,000) for failing to meet standards. Serious breaches can even result in manslaughter charges.

Fire Safety

Domestic fires are historically one of the major causes of accidental deaths in homes. Upholstered furniture, faulty electrics and unsafe appliances are common contributors to the risk. 

As a result, Parliament introduced specific fire-related controls including: The Furniture and Furnishings (Fire) (Safety) Regulations 1988 and the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.

These measures sit alongside the building regulations and local fire authority powers. For landlords, the message is very clear: if you have rental property with the usual electrical systems and appliances, and you supply furniture, and especially if you have high risk rentals (HMOs for example) fire risk compliance is not an option, it's mandatory.

Regulation intensifies

Several factors explain the tightening regulatory environment. There have been several high-profile housing tragedies over recent years with increased political and media scrutiny of the PRS. It is recognised that vulnerable tenants often occupy rented homes and there’s a policy shift toward professionalising the sector – see the RRA 2025 and the pending Decent Homes Standard (DHS).

There’s also a policy shift from reactive, where landlords were addressing safety issues when tenants complained, to systematic compliance where modern enforcement will place emphasis on inspections, documentation, systems, audit trails and evidence of due diligence.

In many cases, under the new regime, the absence of paperwork will be treated as non-compliance, even where physical safety risks are limited or non-existent. Local authorities have been tasked with proactive enforcement and have been granted expanded civil penalty powers.

For landlords the practical implications are organisational: a centralised record keeping system, scheduled inspections, contractor verification, regular internal audits, and clear allocation of responsibility (especially where agents are used) 

A landlord who cannot demonstrate these systems are in place will be exposed — even if no injury has occurred.

The amendments - Furniture Fire Safety (SI 2025/531)

The statutory basis of the amendments follows the Consumer Protection Act 1987, the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2025

Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 2025

They are enforced by local authority trading standards departments and apply to landlords who supply upholstered furniture, treated as supplying goods “in the course of business”.

Furniture breaches are serious; they are criminal offences. Typical breach scenarios include supplying upholstered furniture without permanent compliance labels, supplying items that fail ignition resistance standards and supplying non-compliant second-hand furniture.

All furniture and furnishings within the scope of the 1988 regulations are required to have a label which is compliant with the relevant fire resistance rules. The amendment removes the requirement to have in addition a separate swing label attached on new furniture. It also makes it clear that all upholstered furniture must be labelled but increases the list of items that do not require a label – see regulation above for full details. 

Under the 2025 amendment, Trading Standards now have 12 months from the date that sufficient evidence comes to their knowledge to commence proceedings.

Potential penalties include prosecution in the Magistrates’ Court, unlimited fines upon conviction, seizure of non-compliant items and a criminal record. In serious cases, enforcement may be accompanied by public naming.

How landlords should respond if contacted by Trading Standards:

Do not ignore the notice, failure to respond can escalate matters quickly. Do not make casual admissions, anything stated may be relied upon in prosecution. You may be interviewed under caution under the Police and Criminal Evidence Act (PACE).

Request details of the alleged breach with identification of the specific items, photographic evidence and the basis of non-compliance. Seek legal advice immediately

Rectify the situation as soon as possible. Remove and replace non-compliant furniture immediately. While this does not erase liability, it does demonstrate cooperation and risk mitigation.

The amendments – Electrical Safety (SI 2025 / 1043)

The statutory basis here is the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, the Electrical Safety Standards in the Private Rented Sector (Amendment) Regulations 2025 and the Housing Act 2004

The Electrical Safety Standards in the Private Rented Sector (Amendment) Regulations 2025 (SI 2025/1043).

Landlords in England must have an electrical safety check completed not less than every five years and provide a copy of the Electrical Installation Condition Report (EICR) to the tenant or prospective tenant.

The report must be kept for a minimum of the five-year period, but advisably, much longer.

The amendment primarily brings the social rented sector within the scope of the regulations which already apply to the PRS.

There is a specific exemption for private sector landlords who make reasonable attempts to carry out tests, but who have been unable to fulfil their legal obligations, for example because tenants prevented access.  

Breaches of the regulations

Unlike the furniture regulations, electrical check breaches are primarily enforced via civil penalties, not criminal prosecution (although prosecution remains possible). A typical breach occurs when no valid EICR is available, the EICR is more than five years old, the landlord fails to provide a report to the tenant, fails to complete remedial works within 28 days or fails to provide the report to the council upon request.

The enforcement process includes a Remedial Notice (or Improvement Notice) from the authority, a notice requiring compliance. The second stage is a Works in Default notice, which if ignored, the council can arrange works and recover costs. Third final stage is a Civil Penalty which is now raised from £30,000 per breach to £40,000. 

How to respond if breach allegations are raised

Landlords should act immediately if an EICR is missing or has expired by instructing an electrical inspection right away. Any urgent remedial works should be completed and documentation collated. Electrician’s invoices should be saved along with their qualifications and credentials.

Was the failure systemic negligence or an isolated administrative oversight, this will be crucial and should be evidenced by diary systems and compliance processes - can materially affect penalty levels.

Consider filing a “Reasonable Excuse”, examples of which may include refusal of access by the tenant (with documented attempts), electrician cancellation beyond control.

Practical steps to avoid risk 

Landlords should in future develop a management strategy which involves maintaining a digital compliance register, conducting annual internal compliance audits, keeping photograph logs of furniture labels and a diary of all EICR expiry dates.

They should retain evidence of all tenant access requests and communications and ensure letting agents’ compliance processes are contractually documented.

Final word 

Safety in the PRS is governed by a layered statutory framework involving multiple pieces of legislation and regulations. These were anchored in the Housing Act 2004 and reinforced by local authority inspections (HHSRS) and specialist regulations covering fire, electrical and gas risks.

With the passing of the Renters’ Rights Act 2025, the direction of travel for the PRS is very clear; landlords are expected to operate to a higher standard than before. Enforcement action will become more systematic and proactive, rather than responding to complaints.

Landlords covering themselves by having thorough documentation will be equally as important as physical compliance. Those landlords who take these matters seriously will manage risk effectively, those who treat them as an afterthought are increasingly vulnerable.

[Main image credit: Max Vakhtbovych]