Lettings Regulations

The Gas Safety (Installation and use) Regulations 1998 state that it is the duty of any landlord who owns a property with a gas appliance or with gas pipework installed to ensure that such appliances, pipework and flues are maintained in a safe condition so as to prevent risk or injury. Gas appliances will include any appliances designed to use mains, propane or calor gas, for the purposes of heating, lighting, cooking or any other purpose for which gas can be used. Gas pipework would also cover all gas pipework, valves, regulators and meters. Under the legislation, it is compulsory for all landlords to ensure that a gas safety check is carried out every 12 months by a Gas Safe registered engineer. A tenancy cannot go ahead without the gas safety certificate in place and a copy must be provided to the tenants and held on file by the agents.

It is a legal requirement that any furniture used in a property to be let, complies with the Fire and Furnishings regulations. These are explained below.

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

These regulations aim to improve safety by requiring all furniture and furnishings in rented properties to pass the ‘cigarette test’.

New furniture is marked with a Kite ticket to show that it passes the test.

The safety of Consumer Goods is controlled by the requirements of the Consumer Protection Act 1987. These requirements extend to ‘consumer goods’ supplied in the course of business – in this case rented accommodation. The landlord is responsible for ensuring that safety rules are complied with – in particular that all electrical appliances are safe for use i.e. that there should be no risk, apart from one reduced to a minimum, that the electrical equipment will in any way cause death or personal injury to any person.Other legislation (principally The Electrical Equipment (Safety) Regulations 1994) covers electrical installations and the safest way of avoiding prosecution for breach of one of the many regulations is to ensure that everything in the rented property is regularly checked and serviced.Most items which have been purchased since June 1989 should meet British Standards.

The Building Regulations 1991 require that all properties built since June 1992 must have mains operated interlinked smoke alarms fitted on every floor.There are no such regulations regarding older property but it is recommended that smoke alarms be fitted to all properties.

Legionella are natural bacteria found in water. The bacteria multiply at temperatures between 20-45 °C and do not survive above 60 °C. The most common sources of Legionella and legionnaires disease outbreaks are from domestic hot and cold water systems sink taps and shower heads. Legionnaires disease is a severe type of pneumonia caused by inhaling airborne water droplets containing the bacteria. Legionnaires’ disease is not contagious. The disease is transmitted via drinking water, not by infected persons. The elderly, smokers and those with diabetes or chronic respiratory or kidney disease are more at risk.

Health and safety laws advise that it is the landlords’ duty to assess the risk from exposure to Legionella to ensure the safety of their tenants. The risks from hot and cold water systems in most residential properties are generally considered to be low owing to regular water usage and turnover. An assessment carried out may show that there are no real risks and that the property is being properly managed and maintained and no further action is required. It is important to review the assessment in case anything changes in the system.

Right to Rent’ is a new law introduced as part of The Immigration Act. The Immigration Act 2014 places restrictions on illegal immigrants accessing rented accommodation, and took effect across England from 1st February 2016. The immigration status or ‘Right to Rent’ of all occupants aged 18 and over must be proven by a tenant and confirmed by a landlord before a tenancy is offered. All adults with tenancy agreements starting on or after 1st February 2016 should expect to have their original ID (and visa if applicable) checked by their landlord. If an adult does not have the right to rent in the UK then a tenancy agreement must not be offered to them. If a tenancy is offered without conducting the process outlined above then a civil penalty can be imposed if a landlord is found to be renting a property/room to someone who is in the UK illegally.