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The
following safety requirements are the responsibility of the owner (the
landlord), and where we are to manage the property, they are also ours
as agents. Therefore to protect all interests we ensure full compliance
with the appropriate regulations, at the owner's expense.
Electrical Appliances & Equipment
There
are several regulations relating to electrical installations, equipment
and appliance safety, and these affect landlords and their agents in
that they are 'supplying in the course of business'. They include the
Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets
Regulations 1994, the 2005 Building Regulation - 'Part P, and British
Standard BS1363 relating to plugs and sockets. Although with tenanted
property there is currently no specific legal requirement for a
qualified electrician to carry out an inspection and issue a safety
certificate (as exists in the case of gas appliances), it is now widely
accepted in the letting industry that the only safe way to ensure
safety, and to avoid the risk of being accused of neglecting your 'duty
of care', or even of manslaughter is to arrange such an inspection and
certificate.
Furniture & Furnishings
The
Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended
1989, 1993 & 1996) provide that specified items supplied in the course
of letting property must meet minimum fire resistant standards. The
regulations apply to all upholstered furniture, and beds, headboards and
mattresses, sofa-beds, futons and other convertibles, nursery furniture,
garden furniture suitable for use in a dwelling, scatter cushions,
pillows, and non-original covers for furniture. They do not apply to
antique furniture or furniture made before 1950, bed clothes including
duvets, loose covers for mattresses, pillowcases, curtains, carpets or
sleeping bags. Therefore all relevant items as above must be checked for
compliance, and non-compliant items removed from the premises. In
practice, most (but not all) items which comply must have a suitable
permanent label attached. Items purchased since 1.3.90 from a reputable
supplier are also likely to comply.
Gas Appliances & Equipment
Annual safety check: Under the Gas Safety (Installation and Use)
Regulations 1998 all gas appliances and flues in rented accommodation
must be checked for safety within 12 months of being installed, and
thereafter at least every 12 months by a competent engineer (e.g. a
CORGI registered gas installer).
Maintenance: There is a duty to ensure that all gas appliances, flues
and associated pipework are maintained in a safe condition at all times.
Records: Full records must be kept for at least 2 years of the
inspections of each appliance and flue, of any defects found and of any
remedial action taken.
Copies to tenants: A copy of the safety certificate issued by the
engineer must be given to each new tenant before their tenancy
commences, or to each existing tenant within 28 days of the check being
carried out.
General Product Safety
The
General Product Safety Regulations 1994 specify that any product
supplied in the course of a commercial activity must be safe. In the
case of letting, this would include both the structure of the building
and its contents. Recommended action is to check for obvious danger
signs - leaning walls, broken glass, sharp edges etc., and also to leave
operating manuals or other written instructions about high risk items,
such as hot surfaces, electric lawnmowers, etc. for the tenant.
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