Regulation, litigation, prosecution - these are worrying times for landlords

If you rent out a property then your tenants have every right to expect that the home they are paying for is comfortable and above all, safe. The vast majority of landlords are conscientious and honest and realise that the regulations and legislation are there for everyone’s benefit. Rather like the MoT test for vehicles, you comply with the regulations to ensure that the basic levels of safety are complied with.

The conviction of a Gas fitter for Manslaughter after an improperly fitted flue caused the death of a girl by carbon monoxide poisoning has reminded many landlords of the hazards that exist in the domestic environment.  Sadly, this case is just the latest in a disturbing history of safety issues, particularly with rented property, that have come to the attention of the law.

In January a landlord in Pembrokeshire was fined a total of £10,000 for failing to comply with gas safety regulations. The website Landlordlaw.com found over a dozen recent instances of landlords being fined four and five figure sums for failure to comply with regulations.

The trouble is, unlike a car, the regulations surrounding housing safety aren’t to be found in one place, and it is very time-consuming to investigate everything you must comply with.  There are specific legal obligations and responsibilities on a landlord with regard to Fire safety for Furniture & Furnishings; Gas supply and appliances; plus Electrical wiring and appliances and a bewildering number of regulatory authorities exist. 

Every landlord in the UK has a legal obligation under the GSIUR (Gas Safety and Installation Regulations) 1998 to ensure that all gas pipe work, appliances and flues provided by them for use by their tenants are regularly inspected and maintained. This work must also be accompanied by an Annual safety check that covers each aspect of the gas system owned and supplied by the landlord, appliances owned by the tenant are not necessarily the landlord’s responsibility, but any connected or associated equipment such as pipe work or flues are.

The Electrical Safety Council guide helpfully lists eleven major pieces of legislation that landlords must comply with to remain inside the law. These are (are you ready?) Landlords and Tenant Act 1985; Housing Act 2004; Management of Houses in Multiple Occupation (England) Regulations 2006 and Management of Houses in Multiple Occupation (Wales) Regulations 2006;  Part P of the Building Regulations; Regulatory Reform (Fire Safety) Order 2005; Electricity at Work Regulations 1989; British Standard 7671: 2008 (IEE Wiring Regulations); British Standard 5839 Pt 1 & 6 Fire Alarms; British Standard 5266 Emergency Lighting; The Electrical Equipment (Safety) Regulations 1994; Code of Practice for In-Service Inspection and Testing of Electrical Equipment (ISITEE).

(And breathe…) That is just for electrical safety! It also depends on where you live - the statutory requirements for electrical work is different in England and Wales from those in Scotland and Northern Ireland.

As the number of people becoming landlords soars, research from the Electrical Safety Council has found that misunderstandings between landlords and tenants over responsibilities for safety are exposing many people to life-threatening electrical dangers.  The ESC is concerned that the rise in inexperienced landlords - many of whom are finding it easier to rent out their property than sell it - will further compromise safety. The consequences for not understanding obligations can be serious. If a landlord is found to be negligent over electrical safety it can lead to fines or even imprisonment.

The court cases that have hit the headlines recently are perhaps the most worrying to a landlord.  In several cases the landlord had employed what they believed to be properly qualified and professional contractors to carry out work on their properties, only for it to emerge that either the contractor was unlicensed, or that the work had been done poorly and failed to meet the necessary standards.


So as a landlord, you need to find an expert.  Find a company that is registered with a meaningful trade body, such as NICEIC, which operates an insurance-backed warranty service for work undertaken by their members. A company that invests in training has an impeccable credentials and a long history of efficient customer service. A company that offers safety, competence, compliance and value. One rather like PHS Compliance, in fact.