Landlord’s Responsibilities

The Gas Safety (Installation and Use) Regulations 1994 (as amended)

All gas equipment, pipework and appliances must accord with these Regulations including annual inspection by a Gas Safe registered installer and records maintained of work undertaken. A safety inspection must be completed satisfactorily and a Landlord’s Gas Safety Record (CP12) is required by law to be given to the tenant at the commencement of their tenancy and a further test must be carried out each year upon expiry and given to the Tenant.

Energy Performance Certificates (EPC’s)

From 1st October 2008, landlords in England and Wales must, by law, be required to provide their tenants with an Energy Performance Certificate (EPC).  The landlord is responsible for ensuring a valid certificate is made available, even if a letting agent is managing their property and must reach a minimum ‘E’ rating on their EPC assessment. Once the certificate has been issued it is valid for 10 years, subject to any further legislation being introduced.

The Electrical Safety Standards in the Private Rented Sector (England) Regulations

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 places a continuous duty on landlords in England to maintain their property to the electrical safety standards and to have evidence of this. This means electrical inspection and testing in the private rented sector becomes mandatory as your property must meet the 18th Edition of the Wiring Regulations and you must have a report (EICR) that shows this from a qualified person.

The Electrical Equipment (Safety) Regulations 1994

These regulations apply to the electrical supply along with new and second-hand equipment including mobile and fixed appliances e.g. kettles, irons, vacuum cleaners, cookers, etc. and require that the property and electrical contents are in safe working order.  You must arrange for such checks to be carried out in accordance with the Regulations. A Pat Test can be carried out on all portable appliances which will ensure you have carried out your due diligence.

The Smoke and Carbon Monoxide Alarm Regulations 2015

From the 1st October 2015 the regulations require at least one smoke alarm installed on every floor of the rented property which is used as living accommodation, and a carbon monoxide alarm in any room used as living accommodation where solid fuel is used.  However, as gas appliances can emit carbon monoxide, we would expect a landlord to ensure that working carbon monoxide alarms are installed where appropriate.

Landlords must test alarms on the first day of the tenancy, tenants should then take responsibility for their own safety and test all alarms regularly to make sure they are in working order.

Furniture & Furnishings (Fire Safety) Regulations 1988/9 (amended in 1993 & 2010)

A landlord must ensure that all furniture and furnishings in the property to be let and included in the letting (whether originally provided or added during the Tenancy) fully comply with the requirements of the Consumer Protection Act 1987 and all statutory instruments made under it including  the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended by the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1989 and 1993.  Please note, failure to comply with these Regulations is a criminal offence.

Homes (Fitness for Human Habitation) Act 2018

With effect from 20th March 2019 there is a legal obligation on a landlord to make sure that the dwelling is fit for human habitation at the time the lease is granted and will remain fit for human habitation during the term of the lease.

Legionnaires’ Disease

In order to comply with the Health and Safety Executive’s Code of Practice Landlords are strongly advised to carry out a risk assessment at the Property prior to letting especially if there are for example, open water tanks, cooling systems or a hot tub.

Newcastle City Council Licencing

From 6 April 2020 an additional 13,000 properties in the private rented sector will need to be licensed in Newcastle.  Landlords who are affected and fail to licence their property could be fined or even taken to court. To find out if you will need a licence visit www.newcastle.gov.uk/propertylicensing

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