Guide

Landlord and tenant guide to preventing e-bike and e-scooter lithium battery fires

July 16, 2024
 Landlord and tenant guide to preventing e-bike and e-scooter lithium battery fires

Landlord and tenant guide to preventing e-bike and e-scooter lithium battery fires

Lithium-ion (Li) battery fires are a major risk to life, limb and property – and these risks are often lying hidden in plain sight.

The London Fire Brigade has said that the fastest-growing fire risk in London is battery-powered e-bikes and e-scooters, whose lithium batteries saw over 100 fires in 2023, a 78% increase over the year before.

The Brigade was reportedly called out to at least one e-scooter fire every two days in 2023. Electric vehicle (EV) linked fires were attended 239 times in the UK from July 2022 to June 2023, and at least one large car carrying ship is thought to have sunk due to a fire caused by its EV cargo.

Of course, we shouldn’t exaggerate this risk. Of the many thousands of EVs on the road the number of incidents is small and the risk is significantly less than that of a petrol or diesel car catching fire. But when it does happen these fires are difficult to deal with.

Currently, lithium-ion batteries are the favoured technology for their high energy density and long life. They are used in electric vehicles of all types, as well as portable computers and mobile phones. Until this technology can be replaced by something better, their use will increase, so we all need to understand the fire risks they present wherever they are used, stored and charged.

Landlords need to be aware of the fire risks of lithium-ion batteries

As a landlord, it’s important to be aware of the risks that these commonly used devices in homes, workplaces, and on drives and in garages, now pose.

Laptop computers, electric bikes, e-scooters, drones, children’s toys, power tools, battery storage systems and cars – they all have one thing in common: lithium-ion (Li) batteries.

Few of us realise their deadly potential. The toxic gas, explosion and ferocious flame potential that batteries of this type create when they become overheated or when they sustain damage is often not understood.

What is thermal runaway?

These batteries under certain conditions can result in a chemical reaction occurring, known as “thermal runaway”. It’s an unstoppable cycle of smoke, explosion and flame that produces massive clouds of toxic gas that is heavier and lighter than air, in volumes way out of all proportion to the size of the battery. Thermal runaway is usually accompanied by a loud explosion and shooting ferocious flames, which are almost impossible to extinguish.

The risks are particularly high during overnight or unattended charging, or when the battery itself has been poorly manufactured – imported non-branded / alternative manufactured batteries appear to be over-represented in the fires that have occurred.

The incidence is rare given the number of lithium batteries now in use, but when it does happen, the results can be catastrophic.

After sustaining any sort of damage, for example when an electric car (EV) runs over an object – it can sit for hours or even days before a searing chemical reaction occurs. If this happens inside a building car park for example, or when an on-charge e-scooter battery becomes overheated inside a house, this can result in a poisonous gas cloud, a loud explosion and an entire building on fire. This happens in seconds, and if the scooter on charge happens to be in a main escape route, the consequences could be catastrophic.

More and more devices use Li batteries

Lithium batteries are becoming increasingly common in a range of devices: from e-scooters and e-bikes to other electric vehicles (EVs), computers, tablets and mobile phones, and until some better alternative is developed their use is likely to continue growing in the UK.

While reducing the number of fossil fuel burning vehicles on our roads is arguably taking us a stage nearer to net zero, one of the unintended consequences is the fire risk involved with Lithium-ion batteries, and the increasing incidences of these life-threatening fires.

At least two UK multi-story car parks have gone up in flames due to EV battery fires, destroying the structure along with most of the vehicles inside, and a number of house fire deaths have also been attributed to overheated e-scooter batteries.

This video created through researchunder the Faraday Institution by Prof. Paul Christensen highlights the dangers of electric vehicle battery fires and the importance of their safe handling, and demonstrates just how lethal they can be.

Common causes of Lithium-ion battery fires

• Poorly manufactured products, particularly cheap imports

• Overcharging, which increases the battery voltage beyond safe limits, generating excessive heat, usually caused by faulty charger controls

• Physical damage to the batteries having been dropped, pierced, or struck causing internal damage, leading to short circuits

• Improper storage causing the battery to become too hot, which heightens the risk of thermal runaway

The incidence is low but the threat is real

With Li fires, the numbers may be small but the consequences are high. Given the risk, building owners, landlords, agents, contractors and building designers need to start working on systems, particularly in relation to high-density residential buildings, to consider if they are taking adequate measures to reduce these risks.

Is it safe to allow the charging of e-scooters and e-bikes inside a residential property? Are car parks in residential building basements safe when EVs are parked there on-charge overnight? These issues raise serious concerns for the residents, for landlords and for the authorities.

Building safety and lithium battery fires

Employers, as well as building owners, have a general duty under the Health and Safety at Work Act 1974 and the Regulatory Reform (Fire Safety) Order 2005. And landlords of houses in multiple occupation (HMOs) are covered under The Management of Houses in Multiple Occupation (England) Regulations 2006 and the Landlord and Tenant Act 1985.

The responsible persons must make sure that people are not exposed to risks to health and safety and must take general fire precautions to make sure that the premises are safe. In high-rise buildings, the relevant “Accountable Person” must prevent a building safety risk from materialising, and to mitigate the effect should a risk arise.

The best solution, of course, is to remove the risk altogether by banning all such vehicles and appliances from being used inside garages and residencies, and to keep them in the open air where they can do little harm. But although this is idea, it is clearly impractical.

What do landlords and tenants need to know about e-bikes and e-scooters in rental properties?

Education is key – both landlords and tenants need to be educated about these risks, especially in multi-occupied and high-rise buildings. An e-scooter left on charge in a hallway could prove deadly if the battery is damaged or overheats and it blocks an exit.

Buildings will need to be designed with these devices and EVs in mind in the future. Existing buildings need to be modified or facilities provided so that they can be stored securely and charged safely.

For example, all e-scooters and e-bikes should be kept in secure storage outside of buildings, in a facility such as a bike shed. All car parks within buildings must meet stringent fire safety standards.

Guidance from The London Fire Brigade to help reduce the risk of e-bike and e-scooter fires

The London Fire Brigade’s #ChargeSafeCampaign advises that building owners, employers and residents should:

• Avoid storing/charging devices on escape routes or in communal areas. Ideally, safe, secure external storage areas with charging facilities should be provided

• Do regular inspections and risk assessments. These should make sure that the rules are followed

• Residents should be reminded to follow the manufacturer’s instructions when charging batteries, to use the correct charger for the product, and avoid using cheap imported batteries

• Batteries should not be charged at night indoors or left charging when unattended and after being fully charged

• Batteries should not be charged near combustible or flammable materials

• Batteries should be kept in cool well-ventilated areas

• Batteries should be regularly inspected for signs of damage

• Smoke alarms should be fitted in areas where e-bikes, e-scooters and EVs are being charged, and they must be tested regularly

e-bike and e-scooter FAQs for landlords

Should I issue house rules for the storage and charging of vehicles with Li batteries?

Your tenants need to be aware of the risks and how to store and charge these vehicles and other devices safely. We advise the following:

• They need to notify you if they are keeping an EV, e-bike or e-scooter at the property for insurance purposes

• Ideally, you should make well-ventilated provision for storage and charging outside the main building where occupants may be sleeping

• Manufacturer’s instructions should be followed at all times

• Batteries and chargers must meet official safety standards, preferably recognisable branded products by leading manufacturers and definitely not cheap imports

• Chargers must be the official one, the correct type for the product concerned

• Batteries should be allowed to cool before charging

• Batteries should not be tampered with or modified

• Batteries should be regularly checked for signs of damage charging

• Batteries should not be left on change once fully charged, especially overnight or when unattended, this also applies to computers and other in-house devices

• You should carry out regular inspections to monitor battery changing activity

Does a tenant need to ask permission to have an electric vehicle?

No, a tenant doesn’t need to ask permission to have an electric vehicle, but they will need to ask permission to install an EV charging point at the property.

Does a landlord have any responsibility if a tenant has an e-bike or e-scooter?

Yes, a landlord or agent will be the ‘Responsible Person’ for a residential building covered by the Regulatory Reform (Fire Safety) Order 2005. Landlords should be seriously considering how to handle the storage and charging of electric devices including e-bikes and e-scooters and well as other types of electric vehicles.

Here is some useful guidance for the charging and storage of electric powered personal vehicles from the London Fire Brigade. And you can also read our ultimate guide to fire safety for landlords.

Does a landlord need additional insurance if the tenant has an electric vehicle?

Traditional landlord insurance policies may not cover this new trend when it comes to fire damage at the property caused by the tenant’s electric vehicle (EV). The tenant will also need to check if their car insurance covers damage, especially if the tenant isn’t using the correct charging point.

“Although fire is covered by our landlord insurance policies, prevention is always better than cure. Two of the most common reasons for fires occurring are not using the correct charger from the manufacture or leaving the charger on for far too long. If your tenant has any form of EV, then we suggest that as part of your check-in, that you go over these points and perhaps devise a leaflet with the top points made in the guide provided. Tenant education is key.”

Steve Barnes, Head of Broking at Total Landlord

Can I evict a tenant for charging their EV at the property?

The tenant should have been issued guidance (house rules) and the tenancy agreement should have clear terms that either prohibit or control the tenant’s use of charging for their EV, at or inside the property. If a tenant breaks the terms of their tenancy agreement after warnings, it may be necessary to issue notice for possession under Section 8. The landlord will need to prove grounds for possession and could rely on ground 12. However, if there is no clause relating to this in the tenancy agreement, then the landlord won’t be able to prove any breach of contract.

“The courts are likely to take any breach seriously, especially in the current climate, however, if the breach has been remedied between notice and the court hearing a Possession Order is less likely. Whilst eviction may then be avoided (without a continuing breach) arguably corrective action is the main aim here.”

Paul Sowerbutts, Head of Legal at Landlord Action

For eviction advice in these circumstance consider using an eviction specialist such as LandlordAction , also powered by TotalProperty , who can advise on any legal queries relating to this issue.

The use of e-bikes and e-scooters, as well as EVs, is very much on the rise and landlords need to be aware that these types of appliances pose a serious risk if used incorrectly, and make sure that both they and their tenants are educated in the potential dangers. If in any doubt seek advice from your local fire and rescue service.

For more information, read ‘Ask the experts’ from HF Assist, also powered by Total Property, which highlights some of the most common FAQs the letting agent helpline receives from agents.

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