Legal duty of care

Under common law, the Landlord must ensure that properties to let are safe, and failure to comply with Safety Legislation is considered a criminal offence resulting in legal action and prosecution.

1. Gas
(The Gas Safety (Installation & Use) Regulations 1994 (amended 1998) – the Landlord must maintain gas installations and all gas appliances through annual inspections and safety checks carried out by a GAS SAFE registered engineer, and a copy of the Current Inspection Certificate must be left at the property.

2. Energy Performance of Buildings
(Certificate and inspections) (England & Wales) regulations 2007. The landlord must provide an EPC before the property can be marketed. If you require us to arrange this for you, we can use one of our contractors who will charge £90 including vat.

3. Electricity
(The Electrical Equipment (Safety) Regulations 1994 & Electricity at Works Regulations 1989- the Landlord must ensure that all mains voltage household electrical appliances and equipment are tested and safe to use. Any non-repairable items must be replaced and removed. An NICEIC or similarly qualified electrical engineer must carry out these PAT tests on an annual basis, and we would also recommend this is done upon change of Tenancy. All operating instructions must be left in the property for the Tenant’s benefit.

4. Furniture and Furnishings
The Furniture and Furnishings (Fire) (Safety)Regulations 1988 (amended 1989 & 1993) – Soft furnishings (such as mattresses, settees, bed bases, cushions and padded headboards) must meet fire resistance standards and bear a permanent label confirming this. If compliance cannot be proved, the item must be removed and replaced.

5. Smoke Detectors
Whilst only properties built after 1992 legally require smoke detectors (Building Regulation 1991), we would strongly recommend that smoke detectors be fitted to each floor of the property being let. NB: The penalty for failure to comply with statutory safety legislation is currently a maximum of £5,000 and/or six months imprisonment for each offence. This can be harsher in the case of injury or fatality.

The above is only a guide to the legal safety requirements and should you have any further enquiries; we would recommend that you contact a qualified solicitor who will be able to verify these in full.