The following safety requirements are the responsibility of the owner (the landlord) or the managing agents. Therefore, to protect all interests ensure full compliance with the appropriate regulations.

 

Gas Appliances & Equipment
Under the Gas Safety (Installation and Use) Regulations 1994 (amended 1996) and some other regulations, all gas appliances in tenanted premises must be checked for safety at intervals of not more than 12 months, by a GasSafe registered gas engineer, and a safety certificate issued. Records must be kept of the dates of inspections, of defects identified, and of any remedial action taken.

Electrical Appliances & Equipment
Under the Electrical Equipment (Safety) Regulations 1994, the Plugs & Sockets etc. (Safety) Regulations 1994 and some other regulations, electrical installations and equipment in tenanted premises must be safe. Although (unlike gas) no safety certificate is currently legally required, and therefore it may be adequate to perform a visual check of electrical equipment, fittings and leads, it is recommended that a qualified electrician be engaged for this purpose to issue an EICR report and any recommendations be attended to before the start of a tenancy

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.

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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Oil Boiler Safety/servicing

There is no legal requirement in the United Kingdom or the Republic of Ireland for a landlord to obtain a landlord safety certificate for oil fired equipment installed within a let property. However, BS 5410: Part 1 requires oil fired appliances and equipment to be serviced periodically in accordance with the Manufacturer’s instructions. Oil storage tanks and oil supply pipe work should be checked for general condition and any leaks repaired. Letting agents and landlords are advised to ensure that an OFTEC Registered Engineer services and inspects oil fired installations at least annually. Additionally, planned maintenance reduces the risk of carbon monoxide poisoning. There have been no recorded deaths relating to oil fired appliances and carbon monoxide. However, any fossil fuel burning appliance has the potential to produce carbon monoxide if incorrectly installed or maintained.

A carbon monoxide detector should be fitted adjacent to any oil-fired boiler or as advised by your OFTEC registered engineer.  The battery should be checked at least weekly.

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Smoke Alarms

The building Regulations 1991 require that all properties built since 1992 must have mains operated and inter linked smoke alarms fitted on every floor. Landlords and their agents could be liable should a fire cause injury or damage in a tenanted property that is not suitably fitted with smoke alarms. It is requirement that a smoke alarm be fitted at least to each floor (hallway and landing areas).

To ensure that you have a comprehensive understanding of ALL legal requirements and duty of care please contact your Local Area Office of the Health and Safety / Environmental Health Department / The Department of Trade and Industry or similar bodies who will advise you accordingly.

Non-compliance could mean that a landlord has a fine imposed via a Magistrates Court. If a case is then referred to a Crown Court (e.g. where contravention has led to a serious injury or death) an unlimited fine or custodial sentence may be imposed. If found to be non-compliant of the above regulations any insurance regarding the tenanted property may be null and void.

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Fire Safety

The following fire safety regulations should be adhered to:

Fireguards should meet BS3248 standards

Fire extinguishers should be marked BS5423 1987

Fire blankets should be marked BS6575 1985

Solid fuel burners should meet building regulations HETAS certification and be serviced annually/chimneys swept  

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