Safety Regulations and requirements
When letting a property, there are some very important and legal obligations that you must satisfy, before, you can let
Gas Safety Regulations 1998 and amendments
You, as the landlord are responsible to ensure that all gas installations and appliances supplied by you are checked annually by a GAS SAFE approved installer and that records are kept of all maintenance carried out on such. As there is a very severe penalty for non-compliance, we reserve the right to employ, at the owner’s expense a GAS SAFE registered installer to carry out the annual inspection and maintenance if you fail to comply with the law. The charge will be deducted from the rental income.
We also recommend that a Carbon Monoxide (co) detector and smoke detectors be fitted. Building Regulations from 1991 require mains smoke detectors to be installed in new build properties. However, older properties do not legally have to have them unless an HMO. Don’t risk lives, install mains detectors and sleep at night!
Gas Cooking Appliances (Safety) Regulations 1989
(Gas Cookers)
These must have legible and durable markings on the controls and be marked with the maufacturer’s or importer’s name
Have adequate pan supports
Have tap handles whaich are easy to operate, but niable to be turned on accidentally
Ignite Properly
Have oven doors which sel in hot gases
Have instructions for safe use
If the gas cooking appliance is to be sited in a flat, it must now have a Flame Safety Device or (FSD) If not you will have to change the appliance
Electrical Regulations 1994 and amendments
Electrical Equipment (Safety) Regulations 1994, and the Plugs and Sockets etc (safety) Regulations 1994, the electrical installation must be checked by a qualified NICEIC or ECA contractor every five years or sooner if there have been modifications made to the wiring. A qualified NICEIC electrician must check all portable appliances in the property supplied by you, at least once a year. Any faulty equipment must be made safe or replaced.
Wiring should now conform to the 17th Edition of the IEE Wiring code or BS7671:2008 and the installer must be Part P Registered to enable work on domestic installations.
Drains/watercourses – Section 11 of the Landlord & Tenant Act 1985
You are responsible to keep in repair the structure and exterior of the property (including drains (foul and rainwater), gutters, down pipes in proper working order and keep in repair the installations in the property for the supply of water, gas and electricity and for sanitation (unless damaged by the tenant).
Glazing /Glass Doors / Windows / Glass in furniture
All full length internal glass doors must have toughened glass fitted. Also windows that come under 800mm from the floor must have toughened glass fitted. When replacing glass in furniture (such as glass table tops, these MUST be replaced with suitable toughened glass. Failure to ensure the correct glass being fitted may render you liable for prosecution under the Health And Safety at Work Act 1974, General Product Safety Regulations 2005 and Consumer Protection Act 1987.
Small glass panes (Georgian Type doors) with smaller dimension up to 250mm, and a total area of up to 0.5m2 do not need to be made of saftey glass if they are thick enough (6mm in most cases).
Furniture and Furnishings (Fire) Safety) Regulations Act 1988 Amended 1993
The furniture in the property supplied by you must conform to the “Cigarette Ignition Test”. There must also be labels attached to each item of soft furnishings including covers, indicating that they comply with the Regulations. Some beds however, are only marked with a British Standards Number BS7177, which is acceptable.
Furniture without a label is deemed not to comply with the Regulations.
General Product Safety Regulations 2005
The “Catch All” Regulations came into force implementing a European Council directive. Any product supplied to a consumer (in this case the Tenant) must be safe. A dangerous product is defined as one that is not safe. Only antiques are exempt.
Failure to comply with any of the regulations may result in prosecution.
Housing Health & Safety Rating System (HHSRS)
The Housing Act 2004 has introduced a new way to assess the condition of homes in England & Wales. Within the Act, the Housing Health & Safety Rating System is a risk assessment approach to assess hazards to health and safety in dwellings, and on which remedial and enforcement action can be taken if necessary.
The HHSRS provides a method of grading the severity of threats to health and safety in any dwelling. A dwelling can be a:
- House
- Self-contained flat
- Non self contained flat
- Bedsit
The key structure of the system is that a dwelling, including the structure and associated outbuildings and garden, yard and/or other amenity space, and means of access, should provide a safe and healthy environment for occupants and, by implication, for any visitors.
It should be borne in mind that all properties contain hazards, for example stairs, electrical outlets etc. and it is not possible (or desirable) to remove all hazards. The emphasis should be to minimise the risk to health as appropriate.
What are the hazards?
- Dampness, excess cold / heat
- Pollutants e.g. asbestos, carbon monoxide
- Lack of space, security or lighting or excessive noise
- Poor Hygiene, sanitation, water supply
- Accidents – fall, electric shock, fires, burns, scalds
- Collisions, explosions, structural collapse
Damp and mould growth caused by rising or penetrating damp should be seen as a high priority Condensation mould should be addressed by better ventilation and ambient temperatures
Asbestos and such like need to be removed from the property by specialist firms Carbon Monoxide detectors should be installed
Security measures should be put in place, such as 5 lever locks on main entrance doors, security lighting with PIR detectors
Better provisions for storage of waste products, food. Provisions for storage of cleaning agents away from food storage and preparation areas.
Constant supply of clean hot and cold water
Safeguard against trips or falls due to uneven surfaces, worn carpets etc. Safeguard against electric shock by having the installation tested by an NICEIC contractor Safeguard against fires by installing smoke detectors as standard, fire extinguishers and blankets in kitchens, having ample electric sockets in rooms to avoid overloading – a common cause of fire in homes. Safeguard against structural collapse by regular and routine maintenance throughout the letting
(Above information extracted from Asset Skills essential information for landlords and agents)
The Owner, Landlord, or Management Agent will be responsible for making changes to the property. Failure to comply will local authority notices can carry a penalty of up to £5,000 per hazard
