Gas ,Electrical Safety & Soft Furniture Regulations
Most landlords know about Gas and Electrical Certificates but may be unaware that they are still breaking the law by not completing the Electrical Certificate or Gas check procedure correctly.
Get a Landlord Gas Certificate every year.
Most of you know this one… that you will know that you have to renew the gas certificate every year for a rental property. The penalties for not doing this are a maximum of six months in jail and, or a £5,000 fine for each offence.
Schedule gas checks.
If you are not using a managing agent you need to ensure that you keep some sort of diarised system to make sure that you are not left with expired gas certificates,
as this is your responsibility.
Keep records for two years.
Both you and the contractor (and the agent if you are using one) have a responsibility to keep records for two years of any gas works carried out at the property and any gas certificates. Make sure you keep these safe and can put your hand to them quickly if need be.
Always remember to read the certificates when you get them back in from the contractors, too, as although they may say pass' there may be urgent works required to be done within a 28-day timescale. Failing to follow these up will invalidate the certificate.
Give gas certificate to tenant before they move in.
Every tenant must receive a copy of the gas certificate BEFORE moving into the property, and it needs to say' pass' or 'safe'. Give renewals to each tenant within 28 days. When you carry out renewal gas certificates, each year or on a material change, you need to remember to send a copy to your tenants within 28 days of it being done.
Tenants' appliances may be excluded.
If a tenant tells you that they are going to fit their own gas
appliance, you need to be careful. Always make sure that it says
in your tenancy agreement that the tenant has to get your consent before fitting any gas appliances.
You need to be sure of the intentions of the tenant before agreeing to their doing so. If the tenant is planning on taking the item with them when they leave (get this in writing), then it is their responsibility to maintain the gas appliance and get it checked; however, if they intend to leave the appliance then it will become the landlord's responsibility to maintain it and have it checked, so get a new
Be careful here: if a tenant wants to install a gas appliance to the landlord's flue, the landlord may be responsible for costly flue work. (This could also be called a 'relevant flue'; the term 'relevant' in the regulations refers to items that are the
landlord's responsibility.)
Do not 'contract out'.
When the regulations first came out, many landlords tried to put in their contracts that it was the tenant's responsibility to get the gas certificates done, but this is not acceptable and cannot be done; it is always the responsibility of the landlord.
Even if the landlord passes this responsibility to an agent, the landlord is still liable under these regulations, although the landlord may also have a separate claim against an agent if the agent fails to perform his duties in this regard.
Room-sealed appliances in bathroom and bedrooms.
Any appliance fitted in a bathroom or bedroom must be 'room-sealed'. Be wary of loft bedroom conversions and open-plan set-ups here. An appliance may 'technically' be in the lounge, but if this is linked via an open-plan layout to the bedroom, it
still needs to be checked by an engineer for safety.
Gas fires in bedrooms to be under 14kW.
Any fire placed in a bedroom or sleeping area must be under 14kW, for safety.
Beware of changes of use!
Be wary of tenants using lounges to sleep in or changing the use
of rooms to sleeping areas, as you could quite easily fall foul of
the regulations here. This is why it is important to check your
properties regularly for any changes.
£5,000 fine, six months in jail!
These are the maximum penalties under this regulation and
they can be applied for each offence,
Electrical Equipment Regulations 1994
Is it law to have an electrical certificate for my property?
Yes, as a landlord of a rented property, you will have to have electrical checks every 5 years.
That’s because, under the Consumer Protection Act Section 37 and Section 19, you have a responsibility to guarantee that your property is safe and fit for tenants to live in. And having an electrical certificate is part of that responsibility.
What does this mean
Landlords are required to have electrics checked in their properties every 5 years. This is mandatory, and must be carried out by a qualified electrician.
If a property has recently had an electrical installation condition report (EICR) and has a valid certificate, then the property will not be required to have an inspection until 5 years has lapsed since the date of issue.
What will the required checks include?
The new legislation will require 5 mandatory recommended electrical safety features, which are:
- Modern PVC wiring
- Modern earthing
- Modern consumer units
- Miniature circuit breakers
- Residual Current Devices
The electrical safety report (EICR)
The electrician gives your landlord an electrical installation condition report (EICR).
Your landlord must supply a copy of the report to all tenants within 4 weeks of the check being completed.
The report says either that
- the property meets the safety standards
- more repairs or checks need to be done
The report also says when the next electrical safety check should be done.
When more work is needed
Check the EICR to see if the electrician has written a code next to any of the things checked like plugs or light sockets.
What’s the difference between an EICR Report and a EIC Report
If the property was built or rewired in the last 5 years, your landlord can give you an electrical installation certificate (EIC) instead of an EIC as long as the original work was covered by the relevant certification.
Do I Need To Get An Electrical Certificate For Existing Tenants?
Yes, since the laws changed in 2021 landlords need an Electrical Safety Certificate for existing tenants. You also need to obtain a new certificate every 5 years of the same tenancy.
What If A Tenant Won’t Give Me Access To The Property?
If you’ve taken all reasonable steps to arrange an inspection but the tenants won’t grant access, you’re complying with the new electrical safety standards. Keep copies of every letter and email as proof. It’s also a good idea to keep past safety records and servicing records on file, to demonstrate that you have maintained the electrical installation.
Do I Need A Landlord Electrical Safety Certificate If The Property Is New?
No, if the property is a new build buy-to-let you don’t need a Landlord Electrical Safety Certificate. You can use the Electrical Installation Certificate (EIC) to cover this rental property requirement for the first five years. At that point you will need to obtain a Landlord Electrical Certificate.
What happens if your property is not new but the wiring is? If your rental property has been completely rewired you are covered by the EIC. As with newly built properties, you will need to get a Landlord Electrical Safety Certificate 5 years on.
How Much Does A Landlord Electrical Safety Certificate Cost?
The exact cost of a Landlord Electrical Safety Certificate depends on the size of the property and the electrical installation. You should also budget to remedy any damage or faults found during the electrical checks. Once the electrical installation is in good working order, these will need to be completed and retested within 28 days.
How Long Is A Landlord Electrical Safety Certificate Valid For?
A rental property’s Landlord Electrical Safety Certificate is valid for 5 years. Landlords also need to obtain a certificate at the start of a new tenancy.
The reason for the 5 year validity is that electrical installations can become damaged or faulty over time. This can make them unsafe even if they were installed correctly. When electric installations age and deteriorate, they raise the risk of fire or an electric shock.
What Are The Penalties For Not Complying?
Local authorities will take action against landlords who breach the rules and impose financial penalties of up to £30,000.
Is There A Legal Requirement To Test Portable Electrical Appliances?
No, landlords are not legally required to safety check portable electrical appliances like white goods, TV’s, kettles and toasters. However, it is good practice to carry out portable appliance (PAT) testing on your electrical appliances.
Furniture and Furnishings (Fire) (Safety) Regulations
These regulations stipulate that the 'supplier' of any soft furnishings, i.e. the landlord, must ensure that they are 'safe' for Simply checking that the furniture carries a label stating that it is compliant will tell you that the furniture meets with the regulations, but you also need to protect yourself so that you can prove in court that it was compliant if need be.
For example, a mattress could be swapped for a non-compliant one and you could struggle to show that the mattress shown to the health and the safety executive by the tenant is not the one you supplied without some sort of proof.
Ensure you keep records and know where they are.
According to the 1988 regulations, furniture sold after 1st March
1990 must comply with the current regulations for fire and safety and must carry labels (sewn into the hems) to prove compliance. Beware, though: there is a 'black market' for safety labels, and I have come across many 'sewn-in' labels.
They are, however, easy to spot as the original label should actually be
sewn into a hem of the furniture to prevent fraud; this is not easy to do post-manufacture, so the fake ones tend to look very badly sewn.
If you do not have these labels on the furniture that you want to supply, you will need to get the furniture checked to show that it is compliant. This can be expensive and difficult to prove, so make sure that your tenants and workmen are aware that they
should not remove any labels that are fitted.
If the label has been lost but the item does conform to regulations, a receipt is proof. Any items pre- 1950s are OK as they did not use the flammable filling before this decade; however, the problem is demonstrating when the item was manufactured.
Any items that do not have labels and are not compliant will need to be removed and replaced with new furniture to be safe.
Avoid second-hand furniture; however, if you must buy second-hand, ensure that anything you buy carries the relevant labels to show compliance. Be wary of buying furniture off vacating tenants.
It is an offence to give, sell or in any way pass a non-compliant item of furniture to the tenants, so do not be tempted to leave it in the garage, advertise it as free to collect etc. as this is against the regulations
The penalties for non-compliance are a £5,000 fine and/ or six months' imprisonment, so this is a very serious offence. The regulations here do not apply to carpets and curtains.
To summarise
Only buy new furniture and keep the receipts. Remove all old furniture or any furnishings that do not carry labels. Keep a record of all furniture and its labels or get it checked by a suitably qualified third party.
