Landlords and Tenants often express concern regarding safety matters. This information sheet gives you the brief details of your responsibilities, but for further information contact one of experienced Lettings Consultants, who will be happy to answer any questions you may have.

Note: Please remember that failure to observe safety regulations can lead to prosecution and to a substantial claim for damages by the injured party.

FURNITURE AND FURNISHINGS
The regulations cover all upholstered furniture and furnishings manufactured after 1950 (including loose fittings, permanent and loose covers but not curtains). This applies to all furniture in properties let after 1st March 1993. A Landlord letting his own home for a temporary period and not in the course of business has a legal responsibility to comply. For further information please do not hesitate to contact our offices for avice on
the regulations.

GAS
The owner (i.e. Landlord) of any gas appliance, pipework or installation must ensure that a CORGI registered engineer carries out a safety check every twelve months. (Servicing is not sufficient without a CORGI safety certificate). A record must be kept of all safety inspections and the results of which must be open to the tenant's inspection.

The regulations cover ALL appliances and all types of gas i.e. mains, propane or calor. The responsible person defined as the Occupier (i.e. Tenant). Owner or person with authority must not allow a supply to remain connected if they are aware of any potential danger or leak. If any pipework is defective or dangerous it must be repaired or replaced immediately.

Failure to hold a current safety record is a criminal offence and you could be liable for a fine of up to £20,000, imprisonment or both.


ELECTRICITY
There are a number of pieces of legislation which relate to the supply and maintenance of electrical equipment, household appliances and/or the cables, plugs and sockets which connect them.

Examples of such items might include:-

• Electric cookers, microwaves.

• Toasters, kettles, TV’s, video players.

• Washing machines, dishwashers.

• Immersion heaters, electric blankets.

• Fuses, circuit breakers.

• Electric lawnmowers or similar garden equipment.

The basic concept is that a landlord has a duty to ensure that any such items supplied as part of a property letting are 'safe', and not dangerous. Whilst there is not at present a specific statutory requirement placed upon a landlord to prove that such items are regularly checked or tested by a qualified electrical engineer our governing body ARLA strongly recommends to landlords that a (PAT) Portable Appliance Test of such equipment should be scheduled and kept up to date.

Any equipment or appliances identified as being potentially unsafe or showing obvious defects such as:-

• Badly frayed or damaged insulation.

• Old or exposed wires, poorly fitted or cracked plugs.

• Scorch marked or badly damaged sockets.

• Plugs without sleeved insulated pins should be immediately repaired or removed and replaced with brand new equipment which complies with current BS and EC standards.

SMOKE DETECTORS
All new homes must be fitted with mains operated smoke detectors. They must be installed on every floor and they must be interlinked. These rules are incorporated in the Building Regulations 1991 and apply to property built after June 1992 There are no specific regulations governing older buildings but Fire and Safety Officers recommend the installation of at least a battery operated device should be fitted.

NOTE: There is little or no Case Law to refer to on some of these regulations and it is the courts that will make the final decisions.

This information is for the general guidance only.