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Article: Introduction
There are some very
compelling reasons why landlords (and agents) should make absolutely
sure that their properties are entirely safe for tenants. They
should also be aware of all the safety issues and the legal
requirements surrounding the letting of property.
Manage your property well and
the risks to you as landlord or agent can be minimal, but manage the property
badly and your risks are high.
Safety aspects come under criminal
law - if a criminal offence is committed landlords can face a term
in jail, a heavy fine, or both. In addition, there could be a
liability to the tenant for civil damages - these can be
substantial.
Civil liability in safety matters
is becoming an increasingly important issue for landlords. Now that
lawyers actively promote their services and work on a no-win no-fee
basis there is an increasing number of accident claims. Damages can
be substantial so you must carry appropriate and adequate insurance.
The Consumer Protection Act (1987)
and The General Product Safety Regulations 1994 (European Communities
Act 1972) require:
-
products supplied to consumers
in the course of business must be safe.
-
consumers must be supplied with
information and warnings about the use of products supplied.
-
suppliers must make themselves
aware of the risks associated with the use of products supplied.
LandlordGuide
The main areas you need to be
concerned about are:
- Gas safety and annual Gas Safety checks.
- Fire safety - escape routes, alarms,
fire fighting equipment and fire doors (when supplied or fitted).
- Electrical safety - wiring and
appliances.
- Operating instructions and user
warnings provided for all appliances and equipment.
- Furniture and furnishings - meet
the regulations.
- General internal and external
building safety for tenants, visitors and the general public.
- Landlord and Public Liability
insurance.
- Houses in Multiple Occupation - special legal regulations apply - see
(HiMO).
In addition to the statutory annual
Gas Checks it is advisable to carry out an annual inspection (Risk
Assessment) of the
entire premises and surrounding grounds for obvious safety hazards:
- Fittings and appliances for
loose or dangerous parts.
- Wiring/plug sockets, and fuses
for correct size.
- Doors, entrances and free exit escape routes.
- Upper floor windows for safety
bars/catches.
- Fire doors (when fitted) their
seals & closers.
- Smoke alarms & fire
equipment (if provided).
- Stairs and stairways, handrails
and carpets for the possibility of causing trips and falls.
- Roofs, chimneys, gutters and
down spouts for possibility of falling objects.
- Paths, driveways, stairways and
fire escape surfaces for
possibility of trips and falls.
- Gardens, walls, gates and fences,
outhouses, garages, and any tools provided, for
general safety.
Annual
Inspection
Having a Safety
Checklist for an annual inspection (Risk Assessment) would be very useful evidence of your
due diligence in these matters in the event of an accident.
None of the safety regulations in
force give landlords or agents a right to enter premises without the
tenant's permission. It is always advisable to give tenants at least
48 hours notice of a requirement to enter for maintenance or
inspections - see harassment.
It is advisable to have the
electrical wiring system professionally inspected every 5 years and
brought up to the current Electrical Regulations standard.
Items
Supplied
Think carefully about the equipment
and furnishings you are providing with the property. There are now
no real advantages to letting residential property fully
furnished. Many properties will let perfectly well unfurnished or partly
furnished - indeed tenants with their own furniture will often
prefer it.
It is a criminal offence to supply any
item with a
property which is unsafe. Some items such as oil heaters, portable
LPG heaters, DIY tools, glass furniture and garden tools are
particularly hazardous - you would be well advised not to supply any
of these.
Don't forget to check the property
before a new letting to ensure that no items have been left by
previous tenants, which could be defective. You should pick this up
when you do the Inventory.
By keeping the items you provide to
a minimum, especially upholstered furnishings and electrical
appliances, you are reducing your risk considerably.
Due
Diligence
Regulations regarding safety in
tenanted properties are enforced locally by the local authority: Trading Standards, the
Health & Safety Executive, Environment Health Officers, and
local Fire Officers.
In the event of a
tenant complaint or an incident the defence of
"due diligence" may be accepted where it can
be shown that the landlord or agent took all reasonable
steps to avoid committing an offence - you will need
documentary evidence of this.
A private owner
letting a single dwelling (not in the course of
business) may have a defence, whereas an agent acting on
his behalf will not.
It is always advisable to assume that
as a private owner you are letting in the course of business. If you
let to a second tenant you may well be deemed to be operating a
business.
Generally speaking an agent would
be deemed to be a professional acting in the course of her business
and should, therefore, know better.
However, an agent
merely introducing a tenant and not becoming involved in
the inventory or management of the tenancy my well be
exempt from liability.
Contents ©
LandlordZONE® 2006 all
rights reserved.
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