Legal Obligations when Letting Property

Landlords in England and Wales must comply with a large volume of legislation. Failure to do so can lead to severe fines and even imprisonment. Some landlords flout the law foolishly believing they will not get caught; others do so out of ignorance. Either way, they run the risk of losing their entire business and, where culpable injury has occurred, their freedom too.

To comply with current Regulations, the following inspections must be conducted before a property is tenanted.

Electrical Safety Legislation

Although there is no statutory requirement to have rented property formally inspected for electrical safety at set periods, landlords are legally required to provide a dwelling that is safe. The laws affecting them include:

• The Electrical Equipment (Safety) Regulations 1994
• The Plugs and Sockets (Safety) Regulations 1994
• The Consumer Protection Act 1987
• The Low Voltage Electrical Equipment Regulations 1989
• The General Product Safety Regulations 1994.

Some of these regulations only affect letting agents and those who rent property commercially or for business. There is debate about whether individual landlords letting a single dwelling without an agent must comply with all of them.

However, as failing to comply can result in fines of up to £5,000 per offence, up to six months' imprisonment and being sued it is better to observe them and feel confident about your letting.

A wise landlord will employ a qualified electrician for an initial and further periodic inspections, producing a test report which can later be attached to the inventory. Ideally, the inspection should be carried out prior to each tenancy commencing, or at least annually. To become compliant, the following are recommended:

• Check that all appliance manuals, instructions, safety notices and labels are available so that copies can be issued to tenants.
• Have a qualified electrician check that all appliances are safely wired and operate properly.
• Do not buy second-hand electrical goods unless you can prove they are safe and have the appropriate instructions.
• Check that appliances have no damaged, worn or loose cables and that plugs are securely fitted and properly fused.
• Check that plugs and sockets conform to BSI363 or BS13631A.
• Make certain that appropriate appliances are earthed.
• Have a qualified electrician inspect the property wiring (power and lighting), earthing, sockets, switches and fusing system, to ensure they meet current regulations and operate properly.
• Remember to inspect all areas of the property, including any attic or loft space, garage, outbuilding, shed and garden, and any appliances in them.
• Copies of these and other Regulations can be obtained from a local HMSO or by writing to The Stationery Office, PO Box 29 , St Crispins House, Duke Street , Norwich NR3 IPD . Tel: 0870 600 5522. Website: www.hmso.gov.uk

Gas Safety Legislation

The law affecting individual landlords with regard to gas safety is more absolute than for electrical safety. It includes:

• The Gas Safety (Installation and Use) Regulations 1998
• The Gas Cooking Appliances (Safety) Regulations 1989.

Part of the landlord's statutory duty involves arranging for an annual gas safety inspection by a CORGI (Council for Registered Gas Installers) registered engineer. Failure to comply is a criminal offence and a fine of up to £5,000 and/or six months' imprisonment can be imposed. In serious cases civil proceedings can also be brought against the landlord. The Regulations include requirements that a landlord must:

Ensure there is no open-flue gas appliance in any bedroom or any room where people may sleep, a bathroom or shower-room.

• Ensure that any work to or installation of gas appliances, fittings or equipment is conducted by a CORGI registered installer.
• Ensure that both fixed and mobile gas appliances and associated pipes and flues are safely maintained and that a formal safety inspection is conducted at least once a year by a CORGI registered installer.
• Ensure that, following any work to any gas appliance, a CORGI registered engineer conducts a defined series of tests to guarantee safety.
• Give tenants access to all appropriate manuals, safety notices and labels, and all instructions, for any gas appliance supplied.
• Keep adequate records of gas appliances including the dates of formal inspections and details of any defects identified and work required or conducted. A copy of the records must be made available to the tenant within 28 days of the inspection or prior to occupation if it is a new tenancy.

Carbon Monoxide

Landlords should consider offering their tenants a defence against the potentially fatal consequences of carbon-monoxide (CO) poisoning. CO is produced through inadequate combustion of solid, gas or liquid fuels, usually due to faulty or badly installed appliances and blocked or damaged flues. Installing a carbon-monoxide alarm provides an effective early-warning system. Units can be bought for about £30 from good DIY stores.

Furnishings Legislation

Landlords must ensure that furnishings meet the standards enforced under current regulations. The effective legislation includes:

• The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended in 1989 and 1993)
• The Consumer Protection Act 1987.

Items that must comply include:

• three-piece suites, armchairs and sofas
• futons, bed settees and other 'convertible' furnishings
• beds and bed bases as well as mattresses, headboards and pillows
• cushions and fitted or loose seating, pillows and pads
• stretch, loose and fitted covers for furniture
• dining and kitchen chairs with upholstered seats, backs or arms
• nursery furniture including baby chairs, cots and changing mats
• garden furniture containing upholstery that might be used indoors.