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Landlord safety obligations

Landlords are required by law to carry out certain safety checks and ensure that their properties comply with health and safety regulations. Failure to do this is not only a breach of the law, it could invalidate landlord insurance.

Full details of a landlord’s responsibilities are set out in the government’s Housing Health and Safety Rating System guidance publication for landlords and property professionals. These cover a full range of potential health and safety hazards under the headings of physiological requirements, protection against infection and protection against accidents.

Main obligations include the following:

Gas safety

Landlords are under a legal duty to have an annual gas safety check carried out on all gas appliances by a Gas Safe registered engineer. The landlord is advised to ask the engineer to check airtightness of the whole gas system, to include inspecting pipework where possible. The engineer should record their work in a Landlord Gas Safety Record.

Electrical safety

National electrical safety standards must be adhered to, with electrical installations at rented properties inspected by qualified electrical engineers a minimum of once every five years. The engineer should supply a report to the landlord and a copy of this should be given to the tenant within 28 days of the inspection. If remedial work is recommended, this must be done within 28 days or sooner if the report says so. Landlords can face fines of up to £30,000 for failing to have reports carried out at the required intervals.

Alarm systems

Landlords must have at least one smoke alarm on every inhabited storey of their property and a carbon monoxide alarm in any room with a solid fuel burning appliance. These should be checked before any new letting.

Safe furnishings

Furnishings must comply with fire safety regulations and should have a label confirming that they meet the necessary standards.

Escape routes and fire safety

Properties should have clear and obvious escape routes and landlords should try and ensure that tenants keep these free of obstruction. Landlords should carry out regular fire safety risk assessments and take steps to prevent fire. Rules for Houses in Multiple Occupation, or HMOs, are more stringent, for example, requiring the provision of fire extinguishers, and landlords may also need to apply for a licence. The local authority will provide information as to their requirements for compliance with the rules.

Mould

The growth of mould can be damaging to health and landlords should take action to reduce damp and condensation that promote its growth. Severe problems can render a property unfit for habitation.

Security

Properties should be properly secure, with lockable doors and windows. Landlords should try to ensure that only legitimate tenants are able to access the premises.

Energy Performance Certificate

While not a health and safety issue, landlords should be aware that they are required to provide an Energy Performance Certificate when letting a property. Failure to do so can result in a fine.

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If you would like to speak to one of our expert property lawyers, ring us on 0333 305 5189 or email us at clientservices@lpropertylawyers.co.uk

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