Safety Regulations in Letting Your Property

The following safety requirements are the responsibility of the landlord:

Gas appliances and equipment

Under the Gas Safety (Installation and Use) Regulations 1998 all gas appliances in tenanted premises must be inspected annually by an authorised and registered engineer.  A record must be kept of the inspection and of any defects identified and remedial work undertaken. The certificate of the inspection passing must be provided to tenants at the commencement of any tenancy.  Non-compliance is a criminal offence and carries serious penalties. Further details can be found:  Click here

Electrical installation condition report (EICR)

New regulations introduced in July 2020 require landlords to commission an EICR for a property. These new regulations require landlords to have the electrical installations in their properties inspected and tested by a person, who is qualified and competent, at least every 5 years. Landlords have to provide a copy of the electrical safety report to their tenants, and to their local authority if requested. These reports cover the electrical installations (essentially the mains wiring, plug sockets and light fittings) in properties. The regulations state that a landlord must ensure that electrical safety standards are met, and that investigative or remedial work is carried out if the report requires this. This means that all landlords now have to do what good landlords already do: make sure the electrical installations in their rented properties are safe. Further details can be found: Click here

Electrical equipment

Under the Electrical Equipment (Safety) Regulations 1994 electrical equipment and appliances in tenanted premises must be safe. Although (unlike gas) no safety record is legally required it is recommended that a qualified electrician is instructed to carry out a safety check prior to the commencement of any tenancy. Further details can be found:  Click here

Houses in Multiple Occupation (HMO)

A HMO is defined as a property occupied by three or more persons forming more than a single household. The Management of Houses in Multiple Occupation (England) Regulations 2006 require HMO’s to have fixed electrical installations and wiring inspected and tested by a qualified person at intervals not exceeding five years. Further details of HMOs can be found:  Click here

Furniture and Furnishings

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended) provide that specified furniture and furnishings supplied in the course of letting property must meet minimum fire resistant standards. The regulations apply to all upholstered furniture, and beds, headboards and mattresses, sofa-beds 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, bed clothes including duvets, loose covers for mattresses, pillowcases, curtains, carpets or sleeping bags. Therefore all relevant items as above must be checked for compliance, and non-compliant items removed from the premises In practice, items which comply will have a suitable permanent label attached. Items purchased recently and from a reputable supplier are likely to comply. Further details can be found:  Click here

Smoke alarm

The Smoke and Carbon Monoxide Alarm Regulations 2015 came into force on 1 October 2015. A smoke alarm now is required to be located on each floor of a property, so a terraced house with three floors will need a smoke alarm on each separate floor. Apartments will only need one, unless they are split level, but it is advised to have more than one if it is a big space. Carbon Monoxide alarms are only legally required to be provided in the same room as any solid fuel appliances, such as log or peat burning stoves, wood fired ovens however we do advise landlords to consider providing one in any property where there is a gas boiler or appliance. More information can be found here: Click here

Legionella

The risks from hot and cold water systems in most residential settings are generally considered to be low owing to regular water usage and turnover however implementing simple, proportionate and appropriate control measures will ensure the risk remains low. More information on Legionella and your responsibility as a landlord can be found here: Click here

The information provided here is only a guide and independent professional advice should be sought if you require clarification on any matter.