09Landlord guide

Legislation & regulations

A landlord's duty to keep rented property safe.

Painted number six on a dark front door

The landlord has a duty under common law to ensure the safety of rented property so that no injury or damage is caused to tenants, neighbours or the public.

Landlord and Tenant Act 1985, Section 11

As amended by Section 116 of the Housing Act 1988, the landlord must keep in repair and proper working order the structure and exterior of the property, installations for the supply of water, gas, electricity and sanitation, and installations for space heating and heating water.

Furniture & Furnishings (Fire) (Safety) Regulations 1988

All upholstered furniture, beds, mattresses, pillows and cushions supplied as part of a letting must comply. Furniture manufactured since 1 March 1989 or sold by a retailer after 1 March 1990 will comply.

Landlords must also ensure all electrical wiring and appliances are safe. Electrical appliances must carry a CE mark, and instruction books or clear working instructions must be provided for the tenant.

Smoke and Carbon Monoxide Alarm (England) Regulations 2015

Introduced on 1 October 2015, with fines of up to £5,000 for private landlords who don't comply. The rules apply in England and require rented properties to be fitted with alarms to detect smoke and carbon monoxide. They apply to the immediate landlord — the owner, or someone sub-letting part of a property.

Gas Safety (Installation and Use) Regulations 1998

Landlords must ensure gas appliances and pipework are maintained in a safe condition. An annual safety check by a Gas Safe registered engineer is required; a record must be given to each tenant and kept by the landlord for at least two years. Tenants must allow access for the annual inspection.

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