Landlord safety obligations
The following safety regulations must be adhered to prior to the letting of your property. Failure of a Landlord to comply with the below may allow legal action to be taken;
Gas Safety (Installation & Use) Regulations 1998 (as ammended)
A Landlord must ensure that all gas appliances such as boilers and ovens are fully maintained and annually inspected for their safety and suitability. In accordance with the above legislation, a Landlord’s Gas Safety Certificate must be carried out by a Gas Safe Engineer annually or at the change of tenants. A copy of this certificate should be given to every Tenant and the Landlord should retain proof of receipt of this certificate. Records should be kept for a minimum of 6 years and, where possible, a copy should be put up in the property for all to see.
The Electrical Equipment (Safety) Regulations 1994
A Landlord certificate for electrical equipment within a rented property is not stipulated within the above legislation, but the Consumer Protection Act 1987 places the responsibility on a Landlord to ensure that a rented property must be safe for occupation (purpose). It is good practice to have a Periodic Inspection to be completed prior to the letting of your property and every 5 years thereafter by a suitably qualified electrical contractor. Annual PAT tests and visual inspections should be completed or at the change of each tenancy.
The Furniture and Furnishings (Fire) (Safety) Regulations 1988
The legislation requires that all furniture within a property is fire resistant and complies with current regulations. A compliance label is commonly fixed to furniture and will confirm if an individual item is compliant. If no label is present you should check to see if the manufacture date is after 1st March 1989. Furniture manufactured after this date will be compliant with the regulations.
The Landlord & Tenant Act 1985
A Landlord is required to make sure that both the outside and inside of a property are well maintained and kept to a satisfactory level of repair. The Landlord needs to comply with the obligations to repair the Premises as set out in sections 11 to 16 of the Landlord and Tenant Act 1985 (as amended by the Housing Act 1988).
Under this legislation the Landlord’s repair obligations include;
- to repair the structure of the premises and exterior (including drains, gutters and pipes)
- Some installations for the supply of water
- Sanitary appliances including basins, sinks, baths and sanitary conveniences
- Water heating; but not other fixtures, fittings, and appliances for making use of the supply of water and electricity
- Space heating
- Electricity and gas
It is important to recognize that the Landlord’s obligation for repair arises only after a related issue has been identified to the Landlord by the Tenant and that a Landlord is obliged to repair within a reasonable timescale.