Fire Safety Bill — House of Lords, 2020-10-29
Topic: Mixed Topics
Jonathan Mendelsohn (Labour, Centre-left): My Lords, I am grateful to the noble Lord, Lord Kennedy, for proposing this amendment and for giving us an opportunity to raise a serious if unintended deficiency in what fire safety law covers through the 2005 fire safety order. Far too often, attention is drawn to these matters only when they have terrible consequences, when it is essentially too late. I give great credit to the noble Lord, Lord Kennedy, for raising the issue in a timely fashion. To the best of my knowledge, it would be in time to save lives rather than deal with the consequences I am keen that the Minister should reflect very carefully on the excellent speech made by my noble friend Lord Kennedy, and that, if he cannot provide a comprehensive assurance from the Dispatch Box, he should tell the House that the matter will be taken back to the department and full consideration given to it. I hope that the Government will either accept this amendment or introduce their own amendment Identifying the cause of the absence of any agency doing any oversight investigation, regulation or consideration of online rental accommodation led to a clear view from the relevant agencies that they were not required to do so. In investigating why the amendment was so necessary, and why I am so keen to support it, the answer became evident in the compelling legal opinion written by the outstanding leading counsel Richard Matthews QC, who is rightly acknowledged in all independent legal guides as not just in the top band of legal silks on health and safety, but by some as the very best legal mind in the country on those matters. He has not just been counsel for the Health and Safety Executive but has acted for the Crown in many fire-related prosecutions I say this just to emphasise the strength and merits of the legal arguments that my noble friend Lord Kennedy presented, and the fact that the Minister needs to ensure that his legal talking points have the right level of force and expertise to provide assurance to the House Richard Matthews’ opinion is that the fire safety order does not apply to domestic premises except those specifically defined in the order. The crucial question with regard to short-let holiday, business or other accommodation available through a variety of online or digital accommodation services—commonly known as Airbnb-type accommodation —is whether it falls within scope or ceases to be a domestic premises Mr Matthews’ advice could not be clearer. He states: "I am firmly of the opinion that a house or flat that is let on the specific terms of the licence through Airbnb or similar accommodation for a short period of time does not necessarily by operation of the law thereby cease to be a domestic premises occupied as a private dwelling. Furthermore, I am very firmly of the opinion that a room or space in a house or flat that is let on the specific terms of the licence through Airbnb for a short period of time, whether the remainder continues to be occupied by the host as a residence, does not thereby cease to be a domestic premises occupied as a private dwelling, nor that it thereby becomes premises used in common by the occupants of more than one such dwelling. In addition, I am further of the opinion that both the Government’s written parliamentary response and its Do you have paying guests? guide are both inaccurate in this regard, and an apparent assertion that whenever anyone pays to stay in a property other than to live there as a permanent home, then the property is not a domestic premises occupied by someone, not necessarily a paying guest, as a private dwelling, is wrong as a matter of law Nothing demonstrates that his interpretation of the law is incorrect, which explains the fact that there has been no enforcement There is a clear, though unintended, gap, and it should be plugged as soon as possible. The onus must be on Airbnb hosts, and similar types of host, to have made the assessment or, where necessary, sought professional advice, to protect their paying guests. In addition, fire authorities should have some knowledge of where these properties are, or at least consider whether there is a need for inspection if a particular block or premises is being used within these terms. I strongly support the correction of the anomaly in the Bill that the amendment provides, to clarify the roles and responsibilities of temporary landlords in respect of fire prevention measures in their properties Finally, there is one other significant matter, which Mr Matthews’ extensive legal research and experience also uncovered, that should be addressed. It is that the 2015 smoke and carbon monoxide alarm regulations, which were brought into force at a time when the service provided by Airbnb and other such companies was well established and well known, for Airbnb premises to be within the ambit of the smoke and carbon monoxide regulations by reason solely of a licence obtained by Airbnb, such a licence would have to amount to a tenancy granting the right to occupy the premises as the guest’s only or main residence. An Airbnb will not have the effect of putting premises outside the ambit of the smoke and carbon monoxide regulations within that protection. I would be grateful for the Minister’s assurance that this too—which is surely another unintended lacuna—will be remedied, as well as the one addressed by the main amendment.