Fire Safety
There must be an adequate fire escape route and access should not be blocked. Make sure that sufficient smoke alarms are fitted. As additional precautions (as much for your Tenants as to protect your own legal liability) provide additional fire fighting equipment, such as a fire safety blanket in the kitchen area.
Fire Safety & Furnishings
All upholstered furniture which is included in the letting and hiring out or residential accommodation must comply with the requirements of the Furniture and Furnishings (Fire
Safety) Regulations 1988, as amended.
The regulations require:
 Furniture to pass a cigarette resistance test
 Cover fabric, whether for use in permanent or loose covers, to pass a match resistance test
 Filling materials for all furniture to pass ignitability tests as specified in the regulations
These regulations apply to any of the following that contain upholstery:
 Beds, headboards, mattresses, sofa beds, futons
 Garden furniture which is suitable for use in a dwelling
 Scatter cushions and pillows
 Loose and stretch covers for furniture
These regulations do not apply to:
 Sleeping bags
 Loose covers for mattresses
 Pillowcases
 Curtains
 Carpets
 Furniture manufactured before 1950
All new furniture (except mattresses, bed bases, loose and stretch covers) manufactured since 1988 has been required to carry a permanent label providing information about its fire retarding properties.
Gas Safety
Under the Gas Safety (Installation and Use) Regulations 1998, as amended:
 Landlords must ensure that gas fittings and flues are maintained in a safe condition
(note: this does not apply to flues and chimneys solely connected to an appliance owned by the Tenant).
 An annual safety check of each gas appliance/flue must be carried out by a installer registered with the Gas Safe Register.
 Issue a copy of the safety check record to each existing Tenant within 28 days of the check being completed or to any new Tenant before they move in.
 Keep a record of each safety check for two years.
 Safety checks also apply to portable appliances such as LPG (Calor gas) heaters.
If an appliance fails a safety check you must carry out any of the remedial action necessary or replace it. A safety defect must be rectified by a Gas Safe Registered engineer before the equipment is used again.
Original material developed by Crisis, go to www.privaterentedsector.org.uk

It is an offence to use or allow the use of a gas appliance you know to be unsafe and in no circumstances should it be reconnected until the fault has been rectified. To do so will risk prosecution.
A carbon monoxide protector should be provided to protect against carbon emissions where applicable.
Electrical Safety
Under the Electrical Equipment (Safety) Regulations (1994) any portable electrical appliances (e.g. refrigerators, lamps, vacuum cleaners, televisions) which are provided as part of the Tenancy are to be safe to use and in proper working order.
As a minimum, appliances should be visually inspected for any faults or damage and ideally should be periodically tested by a qualified electrician (PAT Testing).
Testing of the electrical installation is not currently a legal requirement.
Energy Performance Certificates
As part of European Legislation, the Energy Performance of Buildings Directive, which all
Member States must adopt, Energy Performance Certificates (EPC) became a legal requirement on 1 st October 2008 for all rental properties.
An EPC shows Energy Efficiency & Environmental Impact Ratings on a scale of A – G (like domestic white goods) where A = most energy efficient with lowest CO2 emissions, G = least. It also includes recommendations that list cost effective measures to improve energy ratings, however there is (no obligation for the Landlord to carry out any of these measures.
The theory behind the legislation is that a potential Tenant can see just how much it is likely to cost to heat and run a house for a year.
By 1st October 2008, residential property MUST have a valid EPC when it is let. The EPC must have been carried out by an Accredited Domestic Energy Assessor. The EPC is valid for 10 years. If a Tenant has been in residence at the property prior to 1 st October 2008, you do not need an EPC for that property until the Tenant moves out and you market the property for a new Tenant. The EPC must be made available to each potential Tenant at the time of marketing the property.
The legislation is enforced by the Office of Fair Trading and the fine for not having an EPC is
£200 plus the cost of getting an EPC.
Repairs
Under the Landlord & Tenant Act 1985, the Landlord is responsible for the following repairs:
 The structure and exterior of the property
 Bath, sinks, basins and other sanitary installations
 Heating and hot water installations
 Water, gas and electricity supply and meters
 Common parts
 Other repairs as agreed by Landlord and Tenant
Tenancy Deposit Protection
Under the Housing Act 2004, deposits taken by Private Landlords are now subject to
Tenancy Deposit Protection legislation. The legislation applies to:
Original material developed by Crisis, go to www.privaterentedsector.org.uk

 Any Assured Shorthold Tenancy beginning on or after 6 th April 2007 for which a deposit is payable is subject to the new legislation.
 If a Tenancy started before 6 th April 2007 and you have renewed a Tenancy by issuing a new Tenancy Agreement at any time since 6 th April 2007, then the original deposit paid by your Tenant needs to be protected under the new legislation.
 If the Tenancy started before 6 th April 2007 and it has not been renewed since, then the new legislation does not apply.
 The new legislation does not apply to Assured Tenancies, Tenancies that began prior to 15 th January 1989, holiday lets, letting rooms in your own home, company lets or luxury lets where the rent level exceeds £25,000 per year. For these types of lets you can deal with deposits as provided for in the Tenancy Agreement.
The “bond” being offered by [insert scheme name here] falls outside of the Tenancy
Deposit Protection legislation.
All deposits taken that fall under this legislation must be protected by way of using either the custodial scheme or one of the insurance based schemes. Under the custodial scheme, the deposit must be paid within 14 days of receiving it, in full to the Deposit Protection Service who will hold the deposit for the duration of the Tenancy. At the end of the Tenancy,
Landlord and Tenant should decide on how the deposit should be split and notify the scheme who will then pay it back to the parties. In the event of a dispute, both parties will be asked to provide evidence and it will be referred to the Alternatve Dispute Resolution (ADR) for a decision. The custodial scheme is a free service.
There are two insurance based schemes, MyDeposits and The Dispute Service. If covered by one of these schemes the Landlord is allowed to retain the deposit but must pay fees to the “insurer”. The deposit must be protected within 14 days of receiving it. At the end of the
Tenancy, Landlord and Tenant should decide on how the deposit should be split and the
Landlord should pay the money back to the Tenant. In the event of a dispute, both parties will be asked to provide evidence and it will be referred to the Alternative Dispute Resolution
(ADR) for a decision.
If a Landlord fails to protect the deposit, any Section 21 notice served will be invalid and may also be liable to pay the Tenant three times the deposit amount.
Original material developed by Crisis, go to www.privaterentedsector.org.uk