Risk assessments
Identify and manage potential hazards, guaranteeing safety and compliance in various environments
Unlike gas and electrics, there is no fire safety certificate for landlords to obtain. However, to meet their legal responsibilities landlords in England and Wales are required to carry out periodical fire risk assessments under the Regulatory Reform (Fire Safety) Order 2005, which came into force in October 2006.
A fire risk assessment is a careful analysis of the property and its fire hazards, so that potential risks can be identified and mitigated.
For instance, all furniture and furnishings supplied must be fire safe and bear manufacturers’ labels confirming the relevant requirements have been met – usually these will be ‘match’ and ‘cigarette’ test labels.
Annually
Biannually
As needed (e.g., when there are significant changes to the property)
I do not review or update it regularly
The fire risk assessment can be carried out by landlords themselves if they’re competent, or by a third-party fire safety specialist. In all rented properties, tenants must have clear access to escape routes at all times.
HMOs require an escape route lit with emergency lighting that can resist fire, smoke and fumes long enough for everyone to leave. This could mean an external fire escape or specially treated fire-resistant internal stairs and corridors.
Fire extinguishers aren’t obligatory (unless the property is an HMO, in which case at least one fire extinguisher must be provided on every floor), but they are a good idea and show that a landlord takes tenant safety seriously.
If you do provide extinguishers, they must be serviced regularly – ideally annually, and tenants must be trained in how to use them. HMOs also require at least one fire blanket in each shared kitchen.
Although fire doors are only legally required in HMOs, it is a good idea to fit them in other types of rental property. They help to delay the spread of fire and smoke, providing your tenants with added security and valuable extra time to escape in the event of a fire.
Although watch out for tenants disabling the fire door self-closing devices and check they are meeting their tenant responsibilities.
Note: Where a building contains more than two sets of domestic premises, there are additional obligations under the Fire Safety Act 2021, which came into force on 16 May 2022.
To help landlords minimise the risk of fire, we’ve put together our own top tips, and the London Fire Brigade also provides useful guidance on fire safety in private rented sector properties.
Landlords are responsible for carrying out a legionella risk assessment, under the Control of Substances Hazardous to Health Regulations (2002). This also forms part of your obligations under the Homes (Fitness for Human Habitation) Act 2018 (see next section).
Legionella bacteria can form where the water temperature is between 20 and 45°C and nutrients such as sludge, scale and rust are present. In homes, that could be in water storage units, air conditioning units, hot tubs or any other man-made hot or cold water systems.
If the bacteria is inhaled via water droplets, it can cause Legionnaires’ disease, a potentially very serious type of pneumonia which, if left untreated, can be fatal.
It’s therefore extremely important that landlords identify and evaluate any potential sources of legionella bacteria and take steps to prevent or minimise this risk. The level of risk assessment required depends on the type of property.
The reality is that if a property is occupied, the risk is low, as the hot and cold water are used regularly, which keeps the supply moving. And if your rental has electric showers and a combination boiler, the risk is even lower, as water isn’t being stored.
Here are some key steps you can take to minimise the risk of legionella bacteria forming:
Flush the system between lets
Have any redundant pipework removed
If you have a hot water cylinder, ensure the water is stored at 60°C
Check the water temperature during property inspections
The Homes (Fitness for Human Habitation) Act 2018 requires landlords to make sure their rented homes are fit to live in at the start of a tenancy and remain in good condition for the duration of the let.
The Act, which is an amendment to the Landlord and Tenant Act 1985, was introduced in March 2019 for new and renewed tenancies, then extended to all tenancies from 20 March 2020.
Although the Act doesn’t impose any new obligations on landlords in terms of health and safety measures, it clarifies the law to make sure minimum standards are met at the outset of a tenancy and allows tenants to take legal action if standards drop.
You should be aware that there is no limit to the level of compensation that can be awarded to the tenant – it’s at the discretion of the judge.
To find out more about what ‘fit for human habitation’ means and whether you are compliant with the Act, check out our comprehensive guide.
Note: this Act extends to England and Wales, but its practical changes only apply to properties in England.
Wales has its own fitness for human habitation rules, which came into force from 1 December 2022, under the Renting Homes (Wales) Act 2016 (see section 22 below).
Under Repairs and Maintenance Section 11 of the Landlord and Tenant Act 1985, landlords are responsible for repairs to the exterior and structure of a property, including problems with the roof, chimneys, walls, guttering and drains.
Legal requirements are that landlords must also make sure that the equipment for supplying water, gas and electricity is kept in safe working order, as well as sanitary fittings including basins, sinks and baths.
This is particularly important to check at the start of spring, as winter weather may have affected the condition of guttering, water supply, ventilation and wooden door frames.
In particular, a neglected garden is a common cause of dispute between tenants and landlords, so be sure you know your basic obligations. Also, stipulate clearly in the tenancy agreement who is responsible for what aspects of garden maintenance, in case any issues arise during or at the end of the tenancy.
When it comes to repairs, prevention is the best course of action. You can find out more about landlords’ and tenants’ responsibilities for repairs in our in-depth guide.
We’ve also created a checklist to help landlords carry out key maintenance checks all year round, reducing the need for costly repairs further down the line.
It’s also important to recognise that, under the Deregulation Act 2015, it is illegal to evict a tenant who has complained about the condition of the property if adequate repairs have not been made and if the local authority have then served notice.
Any Section 21 notice served after your tenant has complained and (in most cases) within six months of the local authority notice, will be invalid.
Note: If access to the property is required to make an inspection or conduct repairs, landlords must give the tenant reasonable notice in writing and obtain their explicit consent. Even if you have complied with the precise notice period stated in the tenancy agreement, you still cannot enter the property until the tenant has given consent.
Landlords in England have a legal responsibility to check that any occupier over the age of 18 – whether they are named on the tenancy agreement or not – can legally rent residential property in the UK.
That includes, for example, tenants’ family members, carers or lodgers. And you may want to check the age of older teenagers as appearances can be deceptive.
That means non-UK nationals must be able to provide documentation to prove that they have the legal right to be in the country, in accordance with immigration laws.
You must have sight of original documents, with the tenant or prospective tenant present.
If they have an application or appeal outstanding with the Home Office, or the Home Office is currently holding their documents, landlords can use the online Landlord’s Checking Service.
For British and Irish applicants who hold a valid passport, you can use certified identification document validation technology (IDVT) service providers to carry out digital identity checks.
If you fail to make right to rent checks, you can be fined £10,000 for a first offence, £20,000 thereafter and, in serious cases, you could even face a prison sentence. GOV.UK has full information on which documents are acceptable and a step-by-step guide on how to make the checks.
It is important that you do not discriminate against prospective tenants who are less easy to carry out right to rent checks on, and the Government has recently issued a consultation document here looking at this issue.
