Landlord’s Safety Responsibilities: A Summary of Legal Obligations
Ensuring the safety of tenants should be the utmost concern for landlords. To help you understand what is expected of you, we have outlined the key safety considerations and legal obligations you must adhere to.
Smoke and Carbon Monoxide (CO) Alarms
In England, all rental properties must comply with The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022, effective from October 1, 2022. Familiarize yourself with these regulations, and ensure that new alarms are installed, existing ones are repaired, and property management practices are updated. Non-compliance can result in fines of up to £5,000, as there is no transitional period after October 1, 2022.
Rooms used as living spaces that contain fixed combustion appliances, excluding gas cookers, must have carbon monoxide alarms in proper working order. These appliances typically run on gas, oil, coal, or wood, such as boilers or wood-burning stoves. Additionally, there should be at least one smoke alarm on every floor where living accommodation is used or partly used.
On the first day of each new tenancy, all alarms must be in proper working order.
Electrical Safety Obligations
As a landlord in England, Wales, or Scotland, you have a legal duty to ensure the safety of electrical items provided in your rental property throughout the tenancy. This includes all appliances and electrical systems such as sockets, switches, and light fittings.
Electrical Safety Standards in England came into effect on June 1, 2020, applying to all new tenancies from July 1, 2020, and all existing tenancies from April 1, 2021. These standards require landlords to ensure that fixed electrical installations are safe and properly maintained.
In Scotland, landlords must conduct electrical safety inspections for both new and existing tenancies. This involves inspecting installations, fixtures, and fittings, as well as testing appliances. Competent individuals must perform these tests at least once every five years. Tenants should receive a copy of the inspection document, and the most recent inspection must be provided at the start of each new tenancy. For electrical safety advice, visit electricalsafetyfirst.org.uk.
Gas Safety Checks for Landlords
Research indicates that over one-third of private landlords are unaware of their responsibility to have gas appliances checked. Are you familiar with your legal obligations regarding gas safety?
Legionella
Legionnaires’ disease, a pneumonia-like infection, is often caused by inhaling small droplets of water contaminated with Legionella bacteria. Landlords must assess and control the risk of tenant exposure to Legionella. Control measures include flushing out the water system before letting the property, ensuring tight lids on cold water tanks, maintaining correct water storage temperatures, and removing unused pipework. Inform your tenants about control measures they can take, such as cleaning showerheads or running taps for five minutes after being away. Encourage them to report any water system issues or inadequate water heating. Keep records of Legionella assessments and plan follow-up checks periodically.
Furniture and Furnishings
The Furniture and Furnishings (Fire) (Safety) Regulations 1988 establish fire resistance standards for domestic upholstered furniture and furnishings. These items must pass the ‘smouldering cigarette’ and ‘match flame’ resistance tests and carry a label confirming compliance.
Generally, furniture manufactured in the UK after 1990 meets the required standards and displays the appropriate permanent label. If items do not comply, they should be removed from the property before renting unless they fall under an exemption category (e.g., furniture manufactured before 1950).
