The Health, Safety & Legal Responsibilities of Landlords

Landlords must ensure that all gas appliances in a property are safe for tenants to use, which requires them to:

• Arrange for a Gas Safe registered engineer to install and maintain gas supplies. These checks must occur every 12 months.
• Have an up-to-date gas safety record. This is sometimes referred to as a gas safety certificate. The landlord should issue this to tenants when they move in, or within 28 days of the safety checks. An engineer will also issue tenants with a gas safety record when they fit or service appliances. Tenants must keep this up to date and hold the record for two years.
• Inform tenants of where to turn off the gas and what to do in case of an emergency.

The Gas Safe Register says that, as a minimum, the record of a gas safety check must contain:

• A description and location of each appliance and/or flue that has been checked.
• The name, registration number and signature of the engineer who carried out the check.
• The date which the appliance and/or flue was checked.
• The address of the property at which the appliance and/or flue is installed.
• The name and address of the landlord (or their agent where appropriate).
• Any defects identified and any action required or taken to fix it.
• Confirmation of the results of operational safety checks carried out on the appliances.

Landlords have a legal obligation to ensure that their properties comply with fire safety regulations. This is absolutely critical: according to government statistics, there were 27,166 fires in dwellings in 2021/22, and in the wake of the Grenfell Tower tragedy the importance of complying with fire safety regulations could not be clearer.

Under the Regulatory Reform (Fire Safety) Order 2005, landlords must undertake a risk assessment for fire safety in all areas of their property, including individual rooms, shared hallways and corridors, communal areas, stairways, and exits. They must carry out an individual risk assessment for each separate property.

A risk assessment should include five key stages:

1. Identify the fire risks (e.g. non-compliant furnishings, blocked stairways, or faulty electrics).
2. Consider who is at risk (e.g. the tenants and any potential visitors).
3. Implement appropriate control measures (e.g. improving escape routes, installing smoke alarms, ensuring people in shared properties can raise the alarm, etc.).
4. Record the findings of the risk assessment. This is crucial for evidence of compliance and for future reviews.
5. Review and update the risk assessment regularly (e.g. when a new tenant moves in or if the building is altered in any way).

After a risk assessment, landlords must ensure all the necessary installations are in place and that they maintain fire safety on an ongoing basis.

More specifically, they should:

• Ensure each property has suitable alarm systems, including heat and smoke detectors. There must be an alarm on each floor, which should comply with current British standards, be installed in accordance with the manufacturer’s recommendations, and be tested at the beginning of each tenancy.
• Ensure all doors can be easily opened in case of an emergency.
• Carry out regular electrical and gas safety checks.
• Ensure all escape routes are clear at all times.
• Ensure main front doors are a 30-minute resistant fire door (FD30).
• Ask tenants to report any defects or fire safety hazards immediately.
• Consider introducing a smoking policy, such as one that states tenants should not smoke indoors.
• Ensure any supplied furnishings are fire resistant and meet safety regulations.
• Communicate to tenants about what to do in case of fire.

Properties occupied by multiple tenants

Shared properties must have at least one fire extinguisher (suitable for the specific environment) per floor of the building and at least one fire blanket in each shared kitchen. They must also have a Fire Action Notice in a communal part of the building, such as the entrance hall. This notice should detail what actions people should take during a fire.

Furthermore, the landlord should ensure that there is appropriate fire safety signage, such as those indicating the location of fire exits, assembly points, fire alarms, extinguishers, and any other fire-fighting equipment. Signage must be clear and understandable by every resident.

Electricity has the potential to cause serious damage, including injuries or fires. In fact, faulty or old wiring is one of the main causes of electrical fires in domestic premises. This is why it’s crucial for landlords to:

• Ensure all electrical installations are safe, including wiring, sockets, light fittings, kitchen appliances, washing machines, etc. They should check this before tenants move in and maintain them throughout the duration of the tenancy.
• Ensure that all appliances provided to tenants have a suitable conformity marking. The products chosen must have the correct conformity marking.
• Use a qualified electrician to carry out checks. It’s recommended that landlords arrange for these at least every five years or on a change of tenancy. A registered electrician will issue an Electrical Installation Condition Report (sometimes referred to as an electrical safety certificate) after they have inspected installations. Landlords should supply this report to tenants on request.
• Ensure that all alterations, repairs, and improvements to the fixed electrical system comply with the latest Institution of Engineering and Technology (IET) Wiring Regulations.

An electrical installation condition report should feature:

• The results of the inspection and testing.
• The date of the next recommended inspection.
• Details of any damage or wear and tear.
• Details of any parts of the installation that don’t meet IET Wiring Regulations or meet UK national standards BS 7671.

If the electrical system is being installed for the first time, then the registered electrician carrying out the work will issue an Electrical Installation Certificate or a Building Regulations Compliance Certificate. These confirm that the work they have done is safe and complies with the law.

Anyone who has control of premises, including landlords, must be able to show that they understand and have considered the health risks associated with legionella and legionnaires’ disease. Legionella is a type of pathogenic bacteria that causes a range of pneumonia-like illnesses and legionnaire’s disease is the most serious one. Legionella bacteria commonly live in natural water sources, but only pose a risk of illness when the water enters more favourable conditions. For instance, when the water is between 20 °C and 45 °C and has been recirculated, causing it to become stagnant.

To effectively prevent legionella and legionnaire’s disease in their properties, landlords must undertake a risk assessment for legionella. As with any other form of risk assessment, this involves five key steps:

1. Identify the risks (e.g. check water temperatures).
2. Consider who is at risk (e.g. the tenants and their visitors).
3. Implement appropriate control measures (e.g. keeping water hot, removing impurities, etc).
4. Record the findings of the risk assessment.
5. Review and update the risk assessment (e.g. annually or if changes are made to the water system of the property).

In a property, legionella bacteria may be found in any water system between 20-45 °C. This is why it’s crucial for landlords to ensure that all water systems are correctly operated and maintained, such as hot and cold water tanks, pipework and air conditioning units. The risk can be lowered if hot water is kept above 45 °C and cold water is kept below 20 °C, and if water is used regularly to keep it fresh and free of stagnation.

Although it was banned from use in 1999, asbestos is still present in many old buildings. Landlords of these types of properties must ensure they manage the risks posed by asbestos, as it can significantly harm those exposed to it.

To help them manage these risks, landlords should carry out an risk assessment for asbestos. This involves identifying where asbestos is present, who it might harm, and what they need to do to prevent it from being disturbed. They should keep a record of this information and regularly review it, such as at the start of a new tenancy.

If there is asbestos in their property, the landlord must inform tenants, contractors, and anyone else at risk about where the asbestos is located and prevent them from disturbing it.