LEGAL REQUIREMENTS ON RESIDENTIAL RENTED PROPERTIES FOR LANDLORDS AND LETTING AGENTS

The Electrical Equipment (Safety) Regulations 1994, mandatory since 1 January 1997. State that all electrical appliances supplied with let accommodation must be safe. This applies to both new and second-hand appliances and covers all electrical items supplied for the intended use of the Tenant. The only sure method of ensuring that these appliances are safe, is to have them tested by a trained competent person using the appropriate calibrated portable appliance testing equipment (PAT).

The regulations also cover fixed appliances such as cookers, showers and immersion heaters, which must also be safe. Tests and inspections should be made at reasonable and regular intervals, bearing in mind the rate of use of both portable and fixed appliances.

Failure to comply with the Electrical Regulations may constitute a criminal offence under the Consumer Protection Act 1987 which carries a maximum penalty on summary conviction of a £5,000 fine and/or 6 months imprisonment.

Landlords and/or letting agents could also, in addition, be sued in Civil Law under THE DUTY OF CARE for failure to ensure the tenants safety and face punitive damages.

THE LAW ON GAS APPLIANCES

All gas appliances in rented accommodation must be checked every year by a CORGI Registered Gas Installer. This is compulsory under the Gas Safety (Installation and Use) Regulations 1994 (as amended).

It is the responsibility of the Landlord or his agent to arrange for these checks to be carried out. Both the Landlord and the tenant should each have a written report on the condition of each appliance.

Landlords or their agents must keep records of the safety checks and issue a copy of them to new and existing tenants.

All traders who carry out work on gas appliances must be CORGI registered. Do it yourself work on gas appliances may be illegal and could be very dangerous.

These regulations are enforced by the Health and Safety Executive. For further advice on these regulations please ring the free HSE Gas Safety Advice Line on 0800 300 363.

THE REGULATIONS ON FURNITURE

From 1 January 1997 all upholstered furniture in almost all rented accommodation must comply with the fire resistance requirements of the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended).

All upholstered or part-upholstered furniture is covered by the regulations including beds and mattresses, pillows, cushions. Bed clothes, carpets and curtains are not included, neither is genuine antique furniture made before 1950.

Each piece of furniture which complies with these regulations (except beds and mattresses) should have a rectangular label permanently attached to it with the heading

If the furniture does not have this label or was made before 1988 it will probably not comply with the regulations.

The regulations apply to suppliers of furniture who sell or hire furniture and include Landlords, letting agents, property managers or other agents of a similar nature.

Failure to comply with the Furniture and Furnishings Regulations may constitute a criminal offence under the Consumer Protection Act 1987 which carries a maximum penalty on summary conviction of a £5,000 fine and/or 6 months imprisonment.