Safety, standards and security for private rented housing

Landlord responsibilities with rental property

As a landlord, your responsibilities include:

• keeping your rented properties safe and free from health hazards
• making sure all gas and electrical equipment you supply is safely installed and maintained
• following Fire precautions in dwellings
• providing an Energy Performance Certificate (EPC) rates a building's energy efficiency on a scale from A (most efficient) to G (least efficient)
• securing your tenant's deposit in a Deposit Protection Scheme

Landlord responsibilities with repairs to the property

Landlords have a legal right to enter your property to inspect it or carry out repairs. You must give your tenants at least 24 hours' notice, although immediate access may be possible in emergencies. Your tenants have the right to stay in the property during the repairs.

Landlords are responsible for repairs to:

• the structure of your property
• basins, sinks, baths and other sanitary fittings
• heating and hot water systems
• anything you damage through attempting repairs

If your property is seriously damaged by a fire, flood or other similar incident, you do not have to rebuild or renovate it. However, if you do, you cannot charge your tenants for any repairs made.

If you own a block of flats, you're usually responsible for repairing common areas, like staircases. Councils can ask landlords to fix problems in common areas, or to repair a tenant's flat that's been damaged by another tenant.

What happens if repairs are not done properly?

If you refuse to carry out repairs, tenants can:

• start a claim in the small claims court for repairs under £5,000
• in some circumstances, carry out the repairs themselves and deduct the cost from their rent

If you do not make repairs to remove hazards, your tenants can ask the council to inspect the property under the Housing Health and Safety Rating System (HHSRS) and to take any action that is necessary.

If the council finds serious hazards, it must take enforcement action to make sure the hazard is removed.

What if the property is temporarily unfit to live in?

You can ask tenants to move out during major repairs. Before this happens, you should agree in writing:

• how long the works will last
• the tenants' right to return
• details of any alternative accommodation

You cannot repossess a property to do repairs. However, if you're planning substantial works, or want to redevelop the property, you can apply to the courts for an order for your tenants to leave. The courts are more likely to grant this if you provide alternative accommodation.

Repairs and charging rent

If the repairs are very disruptive, your tenants may be able to claim a reduction on their rent known as a 'rent abatement'. This will depend on how much of the property is unusable.

You may have the right to increase the rent after carrying out repairs and improvements, depending on the tenancy agreement.

Landlord responsibilities with gas safety

As a landlord, you are legally responsible for ensuring the safety of your tenants. Under the Gas Safety (Installation and Use) Regulations 1998, you must ensure that any gas appliances, fittings, and flues you provide are safe and well maintained.

Your legal duties cover all gas appliances that you own and supply for your tenants' use. If a tenant brings in their own gas appliance, you are not responsible for the appliance itself, but you are responsible for the safety and condition of the associated installation and pipework.

You are required to:

• ensure gas fittings and flues are kept in a safe condition
• ensure an annual safety check is carried out on each gas appliance/flue by a Gas Safe engineer
• keep a record of each safety check for two years
• issue a copy of the safety check to each tenant within 28 days of the check or to a new tenant before they move in
• have any installations carried out by a Gas Safe engineer

If an appliance fails the safety check you must make sure the equipment is fixed or replaced by a Gas Safe engineer before it is reconnected to the gas supply and used.

If an appliance is owned by the tenant you are not responsible for maintaining or checking it.

How do I know if a gas installer is registered as Gas Safe?

They should be able to show you a current registration certificate or a Gas Safe ID card. This will tell you their registration number and the sort of work they are competent to carry out. You can check the Gas Safe Register to ensure that they are registered or to find an installer.

Should I provide my tenants with a carbon monoxide (CO) alarm?

From 1 October 2022 the law changed in England and all relevant landlords must provide a carbon monoxide alarm in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers).

Please refer to the Health and Safety Executive(opens new window) and Gas Safe Register(opens new window) who offer additional advice and information.

Landlord responsibilities with electrical installations and electrical work

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 require landlords to

• ensure that the electrical safety standards are met whenever the property is occupied by a tenant
• have the electrical installation inspected and tested at least once every 5 years by a qualified electrician

If you fail to comply with your duties under these regulations you may be liable for a financial penalty (currently up to £30,000 but expected to be increased to £40,000 when the Renters Rights Bill becomes law).

Electrical Inspection and Test Reports

Landlords must

• keep a copy of the electrical test report until the next inspection
• provide a copy of the report to the person carrying out the next inspection
• give a copy to every tenant within 28 days of the inspection
• give a copy to every new tenant
• give a copy to a prospective tenant if requested in writing

Great Yarmouth Borough Council has the right to request a copy of the report. If you receive a request in writing from the council for a copy of the report, you must send it within 7 days.

What to do if a report shows faults

Electrical test reports will usually categorize any faults that are identified

• C1 - danger present and a risk of injury - immediate action required
• C2 - potentially dangerous - urgent remedial action required
• C3 - improvement recommended
• F1 - further investigation required without delay

If the report indicates C1, C2 and F1 faults you must within 28 days employ a qualified electrician to carry out remedial works or, in the case of F1 faults, to investigate further and carry out any works that may be necessary. 

You must then obtain written confirmation from the electrician showing that the electrical installation is now safe.  You must then provide a copy of that report to your tenants and the council without waiting for a written request.

Where can I find details of competent, registered electricians?

The following resources are provided as part of an industry-wide initiative to help home owners find a local registered electrician and understand their responsibilities on how to ensure safe electrical work is completed by a competent, registered electrician, or is checked by one:

• to find a registered electrician
  • search the register of electricians belonging to various Competent Person Scheme -  these were introduced by the UK Government to allow individuals and enterprises to self-certify that their work complies with the Building Regulations as an alternative to submitting a building notice or using an approved inspector
  • a Competent Person must be registered with a scheme that has been approved by MHCLG (Ministry of Housing, Communities & Local Government)
• for general advice, guidance and information refer to the Electrical Safety First website(opens new window)

Laws on the safety of furniture supplied in rented accommodation

Any furniture that you supply in the property needs to comply with the Furniture and Furnishings (FIRE)(Safety) Regulations(opens new window).