Safety legislation & Duty of Care Explained

SAFETY LEGISLATION & DUTY oF CARE EXPLAINED

Under common law Landlords have a duty to ensure the safety of rented property and its contents so that Tenants, occupants, neighbours and the public do not suffer injury or damage. Legislation now exists to make every Landlord legally responsible for ensuring that the properties they let are safe. Failure to comply with safety legislation is a criminal offence and Landlords can be sued or prosecuted by amongst others, the Local Authority. We can carry out all the following Safety Checks upon request.

THE GAS SAFETY (INSTALLATION AND USE) REGULATIONS 1994 (AMENDED 1998)

Under this Regulation Landlords must maintain the gas installation and all gas appliances in their property through annual inspections and safety checks which must be carried out by a CORGI registered engineer. Any faults found must be promptly rectified prior any Tenants taking occupation. A copy of the current inspection certificate together with evidence that remedial works (if any) have been carried out must be left at the property.

THE ELECTRICAL EQUIPMENT (SAFETY) REGULATIONS 1994 & ELECTRICITY AT WORK REGULATIONS 1989

The Landlords has responsibilities under this Regulation to ensure that all electrical appliances and equipment have been tested and are safe to use. Furthermore items that are not repairable should be removed from the property. It is recommended that a NICEIC registered electrical engineer or equivalent carry out this test. You must also ensure that all operating instructions are left in the Property so that the Tenant can observe how each item works. Injury to the Tenant as a consequence of failure to provide the said operating instructions could result in a Court upholding a claim against the Landlord. Additionally the Electricity at Work Regulations 1989 states “that all systems shall be maintained so as to prevent danger”. We therefore suggest that, along with the test on the aforementioned appliances, you also have the electrical system checked to detect any obvious faults in the installation. Although there is no frequency stipulation for these tests we recommend that they are done annually or at each change of tenancy.

THE FURNITURE AND FURNISHINGS (FIRE) (SAFETY) REGULATIONS 1988 (AMENDED 1989 & 1993)

In 1988 the Government introduced new Regulations that stated all soft furnishings supplied in the course of business when letting a property must meet official fire resistance standards by containing a permanent label confirming that it complies. The Regulation applies to mattresses, padded headboards, bed bases, pillows, scatter cushions, settees, sofas, armchairs, futons, padded chairs, nursery furniture for children, beanbags, some garden furniture with soft padding and so on. The correct label must be attached to the furniture otherwise proof of purchase will be needed confirming compliance with the Regulation. If  compliance cannot be proved then the item of furniture will have to be removed. Below are the industry recognised labels.

SMOKE DETECTORS

The Building Regulation 1991 required all new properties built since 1992 to have mains operated smoke detectors on every floor. There are no such regulations for older properties but we strongly recommend that you install a detector on each floor of the property being let. Many deaths and injuries could have been prevented if the occupants would have had an early warning system and for an outlay of only £10 per detector lives could be saved.

IN CONCLUSION

We are aware that the Safety Legislation may seem daunting but we handle this every day on every property we let. As a Landlord these Regulations must be taken very seriously and it must be seen that you have exercised due diligence and taken all reasonable steps to avoid committing an offence. Again we reiterate that the penalty for failing to comply with statutory safety legislation is a maximum fine of £5,000 and/or six months imprisonment for each offence. In the case of an injury or fatality resulting from non compliance considerably harsher penalties could apply.

WE HAVE OUTLINED ABOVE DETAILS OF THE MOST OBVIOUS STATUTORY SAFETY LEGISLATION APPLICABLE TO RENTED PROPERTY. THE INFORMATION CONTAINED WITHIN IS NOT EXHAUSTIVE AND THEREFORE IF YOU ARE STILL UNCLEAR ABOUT YOUR OBLIGATIONS WE SUGGEST THAT YOU CONTACT A SOLICITOR.