Health & Safety Acts

Gas Safety

It is criminal offence to rent a property without having all Gas appliances and associated equipment and apparatus checked for safety by Gas Safe Registered Engineer (Formerly the Council of Registered Gas Installers – CORGI). A copy of the certificate must be provided to the Tenant and retained on record for a minimum of three years. A valid Gas Safety certificate must be available throughout a tenancy and made available to the Tenant.

The Electrical Equipment (Safety) Regulations 1994

Landlords have a legal obligation to ensure that the electrical installation and portable appliances are in good working order in a rented property. Contrary to popular belief, unlike Gas Safety there is no specific legal or regulatory requirement for such testing to be carried out. However the legislation above, the Landlord and Tenant act 1985 and the consumer protection act 1987 the Landlord is responsible of ensuring that all electrical installations and appliances that are supplied in a rented property are safe and in good working order. We therefore recommend that a periodic inspection report (on the fixed electrical installations) and a PAT (Portable Appliance Test) report are retained on the Tenancy file
Regulations in respect of furnishings

The Fire and Furnishings (Fire Safety) (Amendment) Regulations 1993

This regulation sets down the fire resistance levels for furniture in rented residential property. It is the landlord’s responsibility to ensure that the property is compliant to the legislation prior to a tenancy commencing. However, generally most furniture produced post 1988 is in compliance with the legislation.

Electrical Part P Compliance

In January 2005 Part P of the building regulations made it a requirement that certain types of electrical works may only be carried out by a PART P qualified electrician.

Family or Sharers (Housing Management of houses)

Housing Management of houses in multiple occupation regulations 1990 stipulates that specific arrangements must be made for the management of HMO’s. Local Government has specific powers to investigate impose; enforce specific conditions and management functions. Therefore it is important that one considers if their property may be classified as a HMO.

Housing Act 2004

The Housing Health and Safety Rating System (HHSRS) is a risk based evaluation tool to help local authorities identify and protect against potential risks and hazards to health and safety from any deficiencies identified in dwellings. It was introduced under the Housing Act 2004 and came into effect on 6 April 2006. It applies to residential properties in England.