Health and safety

The following requirements are the responsibility of the owner (landlord). Where I'm managing the property, they are also my responsibility. Therefore, where I'm managing, I will ensure compliance, any costs of which will be the responsibility of the landlord.

Gas

Under the Gas Safety (Installation and Use) Regulations 1998, all gas appliances and flues in rented accommodation must be checked for safety at least every 12 months by a Gas Safe registered engineer. They must be maintained in a safe condition at all times, and records kept for at least two years.

Before a new tenancy commences, the regulation states that you must ensure all appliances are safe to use and a copy of the safety certificate handed to each new tenant. Some believe that, to comply with this, it is sufficient merely to issue the incoming tenant with the current 'in-date' safety certificate. However, I do not take such risks with gas safety and always stress the importance of arranging for a qualified Gas Safe engineer to check all the appliances again.

Electrical

The Electrical Safety Standards in the Private Rented Sector (England) 2020 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 an existing tenant within 28 days of the inspection or to a new tenant before they occupy the premises, and to their local authority if requested.

CDM regulations

As of April 2015, Construction, Design and Management (CDM) regulations apply to all construction projects all of the time, regardless of their size or duration. This means that all domestic and non-domestic clients, i.e. someone who does not or will not live in the premises where the work is being carried out (such as buy-to-let landlords), are legally required to comply with CDM and failure to do this can result in hefty fines. Ignorance is no defense.

Unless you have a relevant background in the construction industry, your letting agent or contractor should advise you to appoint a professional adviser. Landlords who choose my full management service do not have to worry or pay for this service because it is included in my management fee. For more information regarding landlords' duties under CDM, please visit the the HSE website.

Fire

The Furniture and Furnishings (Fire Safety) Regulations 1988 (amended 1989 and 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, and certain other items. Non-compliant items must be removed before a tenancy commences.

Smoke alarms and carbon monoxide detectors

In October 2015, legislation came into force requiring smoke alarms to be fitted on each floor (such as the in the hall and landing areas) and carbon monoxide detectors in high risk rooms such as those where a solid fuel heating system is installed. I recommend to my clients to go further than this by including gas fires too.

House in Multiple Occupation (HMO)

If your property is on three or more levels and let to five or more tenants comprising two or more households (i.e. 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 not all related in any property, it is still likely to be an HMO, and special management rules will apply.

Housing Health and Safety Rating System (HHSRS)

The HHSRS provides an analysis of how hazardous a property is through assessment of 29 potential hazards found in housing. Landlords have to maintain their properties to provide a safe and healthy environment. The HHSRS is enforced by local authorities. I have the expertise to assess the property to ensure it complies with this legislation and will do so as part of my normal management fee.

Legionella disease

Under general health and safety law, as a landlord you have a duty to take reasonable precautions to prevent or control the risk of exposure to Legionella. To do this, it is essential to undertake a risk assessment and issue guidance to your tenants. This is the most commonly ignored piece of legislation by landlords and agents but it has serious consequences should you fail to comply. With my background in property maintenance I am competent to carry out the risk assessment, and do so as part of my full management service.

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, and commonhold premises. Landlords and managers of let premises and premises that are to let will be required to make reasonable adjustments for disabled people.

Energy Performance Certificates (EPCs)

EPCs are required for all tenanted property in England and Wales, Scotland, and Northern Ireland. Landlords offering property for rent are 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. An EPC is valid for ten years. I can arrange an EPC inspection for landlord clients upon request.