InformationOther legislative requirements

Gas safety

The Gas Safety (Installation and Use) Regulations 1998

Defective gas appliances and installations are responsible for about 30 deaths and 300 non fatal incidents every year.

These regulations require that all gas flues, fittings and appliances are maintained in a safe condition. A safety check must be carried out at least every 12 months by a competent CORGI registered contractor.

A copy of the valid test certificate must be issued to the tenant within 28 days of the check being complete and to all new tenants before they move in.

The Health and Safety Executive (HSE) have a helpline 0800 300 363.

Electrical installations

A landlord has a duty of care to ensure that the electrical installation is safe and in good working order.  The Electrical Safety First website has advice and information for landlords and tenants.

Any electrical works must be carried out by a registered electrician. Find an Electrician: Registered Electricians | Electrical Safety First

The Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020 are designed to ensure electrical safety in the private rented sector in England. They place several duties on a landlord.

Landlords of privately rented accommodation must:

• ensure national standards for electrical safety are met. These are set out in the 18th edition of the ‘Wiring Regulations’, which are published as British Standard 7671
• ensure the electrical installations in their rented properties are inspected and tested by a qualified and competent person at least every five years
• obtain a report from the person conducting the inspection and test which gives the results and sets a date for the next inspection and test
• supply a copy of this report to the existing tenant within 28 days of the inspection and test
• supply a copy of this report to a new tenant before they occupy the premises
• supply a copy of this report to any prospective tenant within 28 days of receiving a request for the report
• supply the local authority with a copy of this report within seven days of receiving a request for a copy
• retain a copy of the report to give to the inspector and tester who will undertake the next inspection and test
• where the report shows that remedial or further investigative work is necessary, complete this work within 28 days or any shorter period if specified as necessary in the report
• supply written confirmation of the completion of the remedial works together with the initial report that required further investigative or remedial works within 28 days to:
• the tenant(s)
• the local authority please email the relevant documents to pshousing@eastdevon.gov.uk

Enforcement:

The local authority may:

• require the provision of information from the landlord.
• require a landlord to undertake testing/remedial works.
• arrange remedial works, including urgent remedial works and recover their expenses.
• issue a fine up to £40,000 where the duties are not met.

Electrical equipment

Where electrical equipment is provided, all landlords have a duty to ensure that they are safe and in proper working order. To fulfil this duty, it is advisable that a suitably qualified contractor tests all such electrical appliances and equipment to ensure that they comply with the Electrical Equipment (Safety) Regulations 1994.

Appliances should be checked before the start of each new let and at regular intervals.  Landlords should retain test reports.  Each appliance should be marked with an identifying sticker, signed and dated by the qualified contractor who carried out the tests.  In HMOs we may ask to see these reports.

Social housing landlords must have the electrical equipment that they provide under the tenancy checked by a qualified person at least every 5 years. They must provide a copy of the record to their tenants, and to the local council if requested

 

The Consumer Protection Act 1987 and General Product Safety Regulations 2005 require that all electrical goods, furniture and appliances provided by a landlord satisfy general safety provisions.

There is a general requirement that any other items that you may provide in the property, such as bunk beds, highchairs, mowers or step ladders are safe.  Landlords are advised to check all items at regular intervals.

Furniture and Furnishings (Fire) (Safety) Regulations 1988

All furniture and furnishing supplied by the landlord must comply with these fire safety requirements.  This applies to both new and second hand furniture.

The regulations cover upholstered seating (including chairs, settees, and sofa beds and headboards), children’s furniture, mattresses and padded bed bases, scatter cushions and pillows.  All such furniture must be labelled.

The Defective Premises Act 1972

This imposes obligations on a landlord to take positive steps to inspect their properties and check for reasonably foreseeable defects.  The landlord can be liable for personal injury and damage caused by disrepair even though he/she did not have notice of it or know of it.

The Environmental Protection Act 1990

This legislation can be used by tenants and/or the council to obtain improvements to housing which is prejudicial to health.

The Landlord and Tenant Act 1985

This makes it an implied term of every tenancy that the landlord will keep in repair the structure and exterior of the property and keep in repair and proper working order the installations for the supply of water, gas and electricity, and for sanitation, space heating and heating water. The landlord cannot make the tenant responsible for these repairs. Where a landlord is in breach of these obligations the tenant may be able to sue for damages.