As we move through the first decade of the 21st century, it has never been safer to live in rented accommodation in Britain. Over the years the government has tightened up on its rules and regulations that relate to rental property. They have done so to heighten the level of protection that tenants receive, and to help them stay safe. So, just what has the government done?
Landlord responsibilities
The government has made your landlord more responsible for property safety issues than at any point in the recent past. The onus is now firmly on the landlord to ensure that their rental properties comply with property safety legislation, and that everything possible is done to safeguard you, the tenant. This includes new as well as existing tenancies, licences or leases which may fall under the regulatory reforms in one way or another, as you will see as you read on. To this end the landlord is obliged to observe a number of property safety regulations. These are as follows:
Landlord and Tenant Act 1985 -- In accordance with this Act your landlord is fully responsible for the upkeep and continued maintenance of your property's interior and exterior. It is quite a wide remit covering everything from your property's main structural components (roof, walls, floors etc) to 'installed' items that come with the property - the wallpaper on the walls for example, or the gas heater. The required level of maintenance can often be subjective. That said, landlords must do all in their power to ensure that a high standard of maintenance and repair is adhered to, and that it is one that heavily favours the tenant's safety. So, should tiles work loose on a roof, or a leak develop that makes the wallpaper mouldy - two issues that could 'harm' the tenant in some way - the tenant should inform the landlord, who then MUST remedy the situation.
The Gas Safety (Installation and Use) Regulations 1998 -- Strict rules apply to gas installations and appliances in rented property. Again, it is the landlord's responsibility to ensure compliance - and that means an annual gas safety check by a CORGI-registered gas engineer. The engineer will test all installations and ensure that gas supply into the property is safe. Assuming that the property passes inspection the landlord will be issued with a Gas Safety Certificate, a copy of which existing tenants are legally entitled to - and should be issued with by the landlord within 28 days of the inspection. Likewise with repairs and maintenance - only a CORGI-registered engineer should carry out repair and maintenance to gas installations. One word of warning here - ONLY move into rental property where there is a valid gas safety certificate in place, or after a gas safety check has been arranged. To do otherwise could endanger your life and the life of your family.
The Electrical Equipment (Safety) Regulations 1994 -- Any electrical equipment supplied with the property must be certified as safe to use. So, for example, if an electric cooker has been installed into the kitchen, the landlord must provide evidence that it works safely - normally a pass certificate issued by a qualified electrician.
The Furniture and Furnishings (Fire Safety Amendment) Regulations 1993 -- Just as with electrical equipment, any furniture and furnishings supplied with the property MUST comply with legal safety requirements. The main issue here is that all furniture and furnishing supplied by the landlord are passed as fire resistant. Upholstered furniture should have a sewn-in label approving it as fire resistant. If it has not you must alert your landlord and have the items removed / replaced. Floor coverings such as carpets and rugs likewise need to conform to this regulation, although no label is expected to be left on the floor.
Building Regulations -- It is compulsory for rental properties built since June 1992 to have mains-operated smoke detectors / alarm systems installed in them. Detectors should be present on each floor of the property. If you are renting a property that was built pre-1992 there is no legal requirement for such equipment to be installed. Should you be concerned about fire safety talk to your landlord to see if a solution can be found.
For your own protection
Tenants who perceive that their landlords are failing to comply with safety legislation have a right to complain. If you are in this position you should first make contact with the landlord - preferably in verbal form, duly followed by confirming the content of the conversation in writing - and ask them to remedy the situation. If they do not resolve the issues you have raised you should involve your local authority, if that is indeed applicable to the situation. Otherwise, you can report the matter to the police, as failure of your landlord to comply with property safety regulations is a criminal offence. Remember, it is LIFE that could be endangered here - so take action for your own protection.
I will be covering more on this subject and topics related to it in future articles. I will address...
- Who is ultimately responsible for tenanted property: the Owner or the Agent?
- If 'only' the agent is responsible, can the owner face the music as ultimately it is his property and so is he 'culpable' ?
- What if the tenant refuses entry, what next?
- Can the tenant withhold rent from the landlord when disputing safety regulations?
- What if property negligence is not the landlord's fault - for example - if a smoke alarm fails after passing the periodic safety checks?
- Is the provision of heating and hot water part of your landord's legally binding responsibilities?
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