Is your property safe?
Make sure your rental property is safe, free of hazards, and complies with all health and safety regulations
Your main legal landlord responsibilities are about making sure that your rental property is safe – that there are no obvious hazards and it complies with all letting rules and regulations relating to health and safety.
The Housing Health and Safety Rating System (HHSRS) is the main enforcement tool used by local councils to address poor conditions in private rented homes.
It details 29 separate hazards that landlords must take all reasonable steps to protect their tenants from, including electrical and gas safety faults, damp and mould issues and even trip hazards such as frayed carpets.
To help landlords understand more about the hazards listed in the HHSRS and what steps should be taken to minimise risks for tenants, we’ve compiled a separate guide on how to rent a safe home.
The Government has been planning an overhaul of the HHSRS for some time, with the intention of simplifying the system and developing minimum standards for common health and safety hazards.
With the long-awaited Renters (Reform) Bill currently making its way through Parliament, we expect a revised HHSRS to follow. For now, we advise that all landlords continue to use the HHSRS guidelines to complete a full risk assessment of their property to keep their tenants safe.
Under the Gas Safety (Installation and Use) Regulations 1998, landlords must keep gas appliances, pipework and flues in safe condition. And part of this obligation involves securing a gas safety certificate every 12 months.
The annual gas safety inspection must be undertaken by a Gas Safe registered engineer, who will check that all gas appliances and pipework are in safe working order (see details here) and then issue a gas safety certificate – after carrying out any remedial works required.
The original certificate must legally be kept safely by the landlord or agent for a minimum of two years (although landlords should keep them for at least the duration of the tenancy) and a copy must be given to the tenant within 28 days of the check. The current certificate must be given to new tenants before they move in. These rules are the same throughout the UK.
On rare occasions, a tenant may try to refuse access for gas safety duties. This can be a tricky situation given laws around accessing tenanted properties, but there is a step-by-step process that landlords can follow to comply with their obligations.
For more detailed information, check out our ultimate guide to gas safety and landlord gas safety certificates. You can see government guidelines via the Health and Safety Executive and visit the Gas Safe Register to find a local engineer.
Landlords in England must make sure that any privately rented property’s electrical system and any electrical appliances supplied to tenants are safe throughout the tenancy.
Under The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, landlords are required by law to have a full electrical inspection and test every five years – sooner if it was recommended on the previous report.
The inspection must be carried out by a qualified electrician or approved contractor, who will then issue an Electrical Installation Condition Report (EICR). Any investigations or repairs required must be completed within 28 days.
A copy of the report must be given to existing tenants within 28 days of the inspection and to new tenants before they move in.
Although Portable Appliance Testing (PAT) is not an official legal requirement for single-let properties in England and Wales, landlords should be aware that some local councils in England may require it and it is considered best practice to have the electrical appliances in rented properties tested annually (or at least between tenants).
In Wales, a five-yearly full inspection became mandatory from 1 December 2022 when the Renting Homes (Wales) Act 2016 came into force. If you are letting property in Wales, it’s essential to make sure you understand all the new landlord regulations and tenant responsibilities (see point 22, below).
In Scotland, an electrical safety inspection must be carried out before a tenancy starts, and at least every five years during the tenancy. The inspection includes securing an Electrical Installation Condition Report and Portable Appliance Testing on any portable electrical appliances provided by the landlord.
In Northern Ireland, there are no laws that specifically cover electrical safety in privately rented accommodation. However, landlords should check that the wiring and electrics in the property are safe before it’s let because Northern Ireland Electricity can disconnect the electrical supply to any property they believe is unsafe.
Under the Smoke and Carbon Monoxide Alarm (England) Regulations 2015, landlords in England and Wales are required to make sure there is at least one working smoke alarm on each floor of their rental property, as well as a carbon monoxide alarm in all rooms that have a solid fuel-burning appliance, such as a coal fire or wood-burning stove, or a gas or oil-fired boiler.
A CO alarm must also be fitted when any solid fuel-burning appliance is installed or replaced.
In Wales, smoke alarms must be mains powered and interlinked.
It is also the responsibility of the landlord to check that each alarm is working at the start of each new tenancy – and it’s good practice to test the alarms during periodical inspections. If you can, get your tenants to sign a document to confirm that they witnessed the alarms being tested and are satisfied that they are in working order – particularly at the start of the tenancy.
If tenants report a fault with a smoke or CO alarm during the tenancy, the landlord is responsible for repairing or replacing it.
For more detailed information and advice, see our dedicated guide to smoke and carbon monoxide regulations for landlords.
