Landlords and agents have a duty of care to ensure their
properties are safe for tenants.
The responsibility to ensure tenant safety is covered
by criminal law and if an offence is committed landlords can
face jail, heavy fines or both.
In addition, landlords can face civil damages if an offence
is committed as accident claims are increasingly being taken to the
civil courts by tenants.
These damages can be substantial so landlords must take
out appropriate and adequate insurance policies to protect
themselves.
Under
the Consumer
Protection Act (1987) and
General
Product Safety Regulations 1994 landlords must ensure the
following:
- Any products they supply are safe and they are aware of
the risks associated with them
- Tenants are supplied with information and warnings about the
use of any supplied products
These regulations are enforced by ourselves, our
Environmental Health officers,
North
Somerset Trading Standards,
the Health and Safety Executive
(HSE) and Avon Fire and
Rescue.
If you are a landlord to protect yourself and ensure you don't
break any health and safety regulations you should address the
following main areas of concern:
- Appliance, equipment and fittings safety - Ensure all
operating instructions and user warnings are provided and they have
no loose or dangerous parts
-
Electrical safety - Check appliances and wiring for
any problems
- Fire safety - Check alarms, escape routes and any fire
fighting equipment or fire doors
- Furniture and furnishings - Ensure they meet the relevant
safety regulations
-
Gas safety - Check appliances with an annual gas safety
check
- General internal and external building safety - Check all
structures are free from problems for tenants, visitors
and the general public
- Landlord and
public liability insurance - Ensure you have this to
protect yourself financially in the event an incident
occurring
For landlords who
run Houses in Multiple
Occupation (HMOs) special legal regulations
apply. For further information please visit
the
Landlordinfo.co.uk website
In the event of a complaint or accident, landlords or
agents can use the defence of due diligence where it can be shown
with documentary evidence that they took all reasonable steps to
avoid committing an offence.
Having a safety checklist for an annual inspection or risk
assessment is classed as this kind of evidence.
It is therefore advisable to carry out an annual inspection
which should be made part of an annual maintenance plan.
Inspections should cover an entire property, its
surrounding grounds and the following safety hazards and
areas:
- Carpets, handrails, stairs and stairways for possible
trips and falls
- Chimneys, down spouts, gutters and roofs for possible
falling objects
- Doors, entrances and fire escapes to ensure they are free exit
escape routes and free from possible trips and
falls
- Driveways, paths and stairways for potential trips and
falls
- Electrical fuses, plug sockets and wiring to ensure they are
the right size and safe to use
- Fire doors for their seals and closers
- Gardens, garages, gates and fences, outhouses, walls and any
tools provided
- Smoke alarms and fire equipment
- Upper floor windows for safety bars and catches
For further information contact our
Private
Rented Housing Team.
