The following requirements are the responsibility of the landlord. Where we are managing the property, they also become our responsibility and therefore our involvement in overseeing compliance may involve costs you would be liable for.
Gas
Under the Gas Safety (Installation and Use) Regulations 1998, all gas appliances and flues in rented accommodation must be checked for safety within 12 months of being installed and thereafter at least every 12 months by a 'Gas Safe' registered gas installer. Full inspection records for each appliance and flue, including any defects and remedial action taken, must be kept for at least 2 years. A copy of the safety certificate issued by the engineer must be given to each new tenant before their tenancy commences or to the existing tenant within 28 days of the check being carried out.
Electrical
There are several regulations relating to electrical installations, equipment and appliance safety and these affect landlords and their agents in that they are 'supplying in the course of business'.
They include:
- Electrical Equipment (Safety) Regulations 1994
- Plugs and Sockets Regulations 1994
- The 2005 Building Regulation - Part P
- British Standard BS1363 relating to plugs and sockets
Currently, there is no legal requirement for electrical safety certificates except in the case of Houses in Multiple Occupancy. The only way to ensure safety and avoid the risk off neglecting your 'duty of care' or even of manslaughter charges, is to arrange for an inspection and certificate.
Fire
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 & 1993) provide that specified items supplied in the course of letting property must meet minimum fire resistance standards. The regulations apply to all upholstered furniture, beds, headboards and mattresses, sofa beds, futons and other convertibles, nursery furniture, garden furniture suitable for use in a dwelling, scatter cushions, pillows and non-original covers for furniture. They do not apply to antique furniture or furniture made before 1950, bedcovers including duvets, loose covers for mattresses, pillowcases, curtains, carpets or sleeping bags. Items that comply will have a suitable permanent label attached. Non-compliant items must be removed before a tenancy commences.
Smoke Alarms
The 1991 Smoke Detectors Act requires that all new houses built since 1992 must, by law, have a smoke detector installed and the minimum requirement is for one smoke alarm on each level of the building. This is not a piece of legislation aimed specifically at residential letting property but at all new buildings. Although there is no legislation requiring smoke alarms to be fitted in other ordinary tenanted properties, it is generally considered that the common law 'duty of care' means that landlords and their agents could be liable should a fire cause injury or damage in a tenanted property where smoke alarms are not fitted. We therefore strongly recommend that the landlord fit at least one alarm on each floor, usually in the hall and landing areas.
However, if an agent installs smoke alarms into managed properties or they were already installed when a tenancy commenced, care must be taken that the Letting Agreement makes it clear who is responsible for the maintenance of the detectors, including testing and battery replacement. Failure to specify responsibility in the Letting Agreement may mean the landlord or agent would be deemed responsible and be held liable for being negligent in their duties should a fire happen. Please note that there are different and more stringent rules covering Houses in Multiple Occupation with regard to the installation and maintenance of smoke detectors and other fire prevention measures.
Is your property a House in Multiple Occupation (HMO)?
If your property is on three or more levels and/or let to five or more tenants comprising two or more households (in other words, not all of the same family), it will be subject to mandatory licensing by your local authority. Whether mandatory licensing as above applies or not, if there are three or more tenants who are not all related in any property, it is still likely to be classified as an HMO and special management rules apply. Learn more here.
The Housing Health and Safety Rating System (HHSRS)
The HHSRS provides an analysis of how hazardous a property is through an assessment of 29 potential hazards found in housing. Landlords have to maintain their properties to provide a safe and healthy environment. Local authorities enforce the HHSRS. Click here for further information.
The Disability Discrimination Act 2005
The DDA 2005 addresses the limitations of current legislation by extending disabled people's rights in respect of premises that are let or to be let. Landlords and managers will be required to make reasonable adjustments for disabled people should a request be made and certain conditions met. Failure to do so will be unlawful unless it can be justified under the Act. Landlords will only have to make reasonable adjustments, which will not involve the removal or alteration of physical features of the premises. For more information on the Provisions of the Disability Discrimination Act 2005 click here.
Energy Performance Certificates (EPCs)
From 1st October 2008, landlords in England and Wales offering property for rent will be required by law to provide prospective tenants with an Energy Performance Certificate for their property. The certificates must be provided free, either when or before any written information about the property is provided to prospective tenants or a viewing is conducted. EPCs for rented accommodation will be valid for 10 years. The requirement is being introduced to comply with the EU’s Energy Performance of Buildings Directive (EPBD) and applies to all property, including rented property. We can arrange for an EPC to be carried out on your behalf.
