Landlords Safety Obligations

It is important that landlords fully understand their obligations. The Disability Discrimination Act, Sex Discrimination Act and Race Relations Act also apply to anyone letting, selling or managing premises. If you are in doubt about anything mousesale recommend that you seek legal advice.

What is the landlord responsible for?

Unless the tenancy has a fixed term of more than 7 years, you are responsible under the Landlord and Tenant Act 1985 for repairs to:

• The structure and exterior of the property, heating and hot water installations, basins, sinks, baths and other sanitary installations
• Safety of gas and electrical appliances
  You are required by the Gas Safety (Installation and Use) Regulations 1998 to ensure that all gas appliances are maintained in good order and that an annual safety check is carried out by a tradesman who is registered with CORGI (Council for Registered Gas Installers). You must keep a record of the safety checks and issue it to the tenant within 28 days of each annual check. You are not responsible for maintaining gas appliances which the tenant is entitled to take with him or her at the end of the letting. Further guidance is contained in the leaflet Gas appliances – get them checked, keep them safe, available, free of charge, from the Health and Safety Executive (HSE): telephone 01787 881165 or www.HSE.gov.uk.
  You should ensure that the electrical system and any electrical appliances that you supply such as cookers, kettles, toasters, washing machines and immersion heaters are safe to use.
  New rules for electrical safety in the home came into effect on 1 January 2005 in England and Wales. From this date people carrying out electrical work in kitchens, bathrooms or outdoors or adding new circuits to any part of their house will have to follow the new rules in the Building Regulations. The alternative is to get the work carried out by a suitably qualified electrician. There is further guidance in the leaflet New rules for electrical safety in the home or visit: www.communities.gov.uk/electricalsafety.
• Fire safety of furniture and furnishings 
  You must ensure that any furniture and furnishings you supply meet the fire resistance requirements in the Furniture and Furnishings (Fire) (Safety) Regulations 1988, unless you are letting on a temporary basis whilst, for example, working away from home. The Regulations apply if the let is for a longer period or for a series of lets, where the property is regarded primarily as a source of income rather than your home. If you are not sure whether the regulations apply to you, seek advice from the Trading Standards Department of your local authority.
  The regulations set levels of fire resistance for domestic upholstered furniture. All new and second hand furniture provided in accommodation that is let for the first time, or replacement furniture in existing let accommodation, must meet the fire resistance requirements unless it was made before 1950. Most furniture will have a manufacturer’s label on it saying if it meets the requirements. Further guidance is contained in the booklet A Guide to the Furniture and Furnishings (Fire) (Safety)
  Regulations. This can be downloaded from www.dti.gov.uk.
• Ensuring that the property is fit for habitation
• Repairing and keeping in working order the room and water heating equipment
  the common areas in multi-occupancy dwellings 
• HMO Licensing
  If tenants in your property share facilities then your property could be classed as a House in Multiple Occupation (HMO). If the property is of three or more storeys and houses five or more people forming two or more households then you will require a mandatory licence from you local council. The local council also has the power to additionally licence other types of HMO that do not meet the mandatory criteria. Please contact your local council for further information on HMO licensing.

For more inofrmation visit

www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/LettingYourHome