Landlord Legislation and Regulations

The landlord has a duty under common law to ensure the safety of rented property so that no injury or damage is caused to the tenants, neighbours, or the public.

Section 11 of the Landlord and Tenant Act 1985 as amended by Section 116 of the Housing Act 1988

The landlord has an obligation to keep in repair and proper working order the structure and exterior of the property, installations for the supply of water, gas, electricity and sanitation including basins, sinks, baths and sanitary conveniences and the installations of space heating and heating of water.

Furniture & Furnishings (Fire) (Safety) Regulations 1988 amended 1989, 1993

All upholstered furniture, beds, mattresses, pillows and cushions supplied to a property by a landlord and forming part of a letting must comply with these regulations. Furniture manufactured since 1st March 1989 or sold by a retailer after 1st March 1990 will comply.

The regulations impose an obligation on the landlord to ensure that all electrical wiring and appliances in the property are ‘safe’ and will not cause ‘danger’. Electrical appliances must carry a ‘CE’ mark and instruction books or clear working instructions must be provided for the tenant. There is currently no requirement for regular inspections unless the property is a House in Multiple Occupation.

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

Fines of up to £5,000 could be levied on private landlords who don’t fall into line with laws introduced from October 1st 2015.

The rules are The Smoke and Carbon Monoxide Alarm (England) Regulations 2015. They apply to landlords in England (the rules don’t apply in Wales, Scotland or Northern Ireland), and update rules that say properties built before 1992 didn’t have to have smoke alarms. The rules are designed to be part of efforts to improve fire safety throughout the UK by ensuring that all rented properties are fitted with alarms to detect smoke and carbon monoxide.

The rules apply to the immediate landlord, who may be the owner of the building, but could equally be someone who is sub-letting part of a property.

See more at The Fire and Safety Centre – Smoke Alarm Legislation for Landlords

The Gas Safety (Installation and Use) Regulations 1998

Landlords are responsible for ensuring that gas appliances and pipe work in tenanted premises are maintained in good order and in a safe condition so as to prevent risk or injury to any person.

The regulations require annual safety checking of appliances and pipe work by a GAS SAFE qualified gas engineer. A record of the safety check must be supplied to each tenant and a copy kept by the landlord for at least two years.

The tenant is required to allow access for this inspection annually.

Energy Performance Certificates (EPCs))

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