Private Rented Housing: landlord safety responsibilities

Your safety responsibilities

You must keep the property you let safe and free from health and safety hazards.  Failure to do so, could leave you open to criminal prosecution or a civil penalty

Notwithstanding any possible property licensing requirements that may apply to your property (please see our dedicated property licensing web page), below is a list of key topics for you to be aware of, together with associated links where further information can be obtained.

 

Gas Safety

You must ensure that gas appliances you provide are safely installed and maintained by an appropriately qualified Gas Safe registered engineer.

Have a registered engineer carry out an annual safety check on every appliance and flue.

Provide a copy of the safety check to your tenant before they move in, or within 28 days of the check being carried out.

For more information, please go to the Gas Safe Register website

 

Smoke Alarms & Carbon Monoxide

Install a smoke alarm on every storey of the accommodation that is used as living accommodation.

Install a carbon monoxide alarm in any room that contains any appliance which burns, or is capable of burning fuel.  This would include gas boilers, wooden stoves, open fires, etc

For more information, please go to the Government website Please note that this information does not contain all of the fire safety requirements that your property may be subject to.

 

Electrical Safety

You must ensure the national standards for electrical safety are met.  These are set out in the 18^th Edition of the ‘Wiring Regulations’

Ensure all electrical installations are inspected and tested by a qualified and competent person at least every 5 years.

Obtain a report form the person conducting the inspection and test which gives the results and sets a date for the next inspection and test.

Supply a copy of this report to the existing tenant within 28 days of the inspection and test.

Supply a copy of this report to a new tenant before they occupy the premises.

Supply a copy of this report to any prospective tenant within 28 days of receiving a request for the report.

Supply the local authority with a copy of this report within 7 days of receiving a written request for a copy.

Retain a copy of the report to give to the inspector and tester who will undertake the next inspection and test.

Where the report shows that further investigative or remedial works is necessary, complete this work within 28 days or any shorter period if specified as necessary the report.

Supply written confirmation of the completion of the further investigative or remedial works from the electrician to the tenant and the local authority within 28 days of completion of the works.

For more information, please go to the Government website

 

Energy Efficiency Requirements

You should be aware of the requirements of the Energy Performance of Buildings (England & Wales) Regulations 2012.  These regulations require you to show the energy rating of your building using an energy performance certificate (EPC) in most circumstances, when it is rented out.

An EPC is valid for 10 years.

If there is no valid EPC, an EPC must be commissioned before a property is put on the market.

A valid EPC must be given free of charge to the person who becomes the tenant of the property.

For more information, please go to the Government website

 

In addition to the above, you should also be aware of The Energy Efficiency (Private Rented Property) (England & Wales) Regulations 2015.  These regulations, amongst other things, prescribe a minimum level of energy efficiency for most private rented properties.

Currently the minimum energy performance indicator, or EPC rating, is band E and it is unlawful, in most circumstances, to let a property where the EPC rating is below an E rating (i.e. F, G).

For more information, please visit our minimum energy efficiency web page or go to the Government website  

 

The Housing Health & Safety Rating System (HHSRS)

You should also be aware of HHSRS.  This is a risk-based assessment of threats to health and safety to occupants and visitors of a dwelling.  The system was introduced under the Housing Act 2004 and is used by local authorities, who have a duty to inspect a property if they consider it appropriate to do so.  We also have a duty and to take the appropriate enforcement action where significant hazards are identified.

The system focuses on the most common potential housing hazards, 29 in all, and enables as assessment of risk to be made, which can then be used to determine the most appropriate course of action.   

The system can also be used by landlords to review the conditions in their properties.

For more information, please go to the Government website

 

Contact us

For further information, please contact Public Safety and Regulation, City of Newcastle upon Tyne, Civic Centre, Newcastle upon Tyne, NE1 8QH.

Phone: 0191 2787878 Email: psr@newcastle.gov.uk