Legal Obligations when Letting Property Landlords in England and Wales must comply with a large volume of legislation. Failure to do so can lead to severe fines and even imprisonment. Some landlords flout the law foolishly believing they will not get caught; others do so out of ignorance. Either way, they run the risk of losing their entire business and, where culpable injury has occurred, their freedom too.
To comply with current Regulations, the following inspections must be conducted before a property is tenanted.
Electrical Safety Legislation
Although there is no statutory requirement to have rented property formally inspected for electrical safety at set periods, landlords are legally required to provide a dwelling that is safe. The laws affecting them include:
The Electrical Equipment (Safety) Regulations 1994
The Plugs and Sockets (Safety) Regulations 1994
The Consumer Protection Act 1987
The Low Voltage Electrical Equipment Regulations 1989
The General Product Safety Regulations 1994.
Some of these regulations only affect letting agents and those who rent property commercially or for business. There is debate about whether individual landlords letting a single dwelling without an agent must comply with all of them.
However, as failing to comply can result in fines of up to £5,000 per offence, up to six months' imprisonment and being sued it is better to observe them and feel confident about your letting.
A wise landlord will employ a qualified electrician for an initial and further periodic inspections, producing a test report which can later be attached to the inventory. Ideally, the inspection should be carried out prior to each tenancy commencing, or at least annually. To become compliant, the following are recommended:
Check that all appliance manuals, instructions, safety notices and labels are available so that copies can be issued to tenants.
Have a qualified electrician check that all appliances are safely wired and operate properly. Do not buy second-hand electrical goods unless you can prove they are safe and have the appropriate instructions.
Check that appliances have no damaged, worn or loose cables and that plugs are securely fitted and properly fused.
Check that plugs and sockets conform to BSI363 or BS13631A.
Make certain that appropriate appliances are earthed.
Have a qualified electrician inspect the property wiring (power and lighting), earthing, sockets, switches and fusing system, to ensure they meet current regulations and operate properly.
Remember to inspect all areas of the property, including any attic or loft space, garage, outbuilding, shed and garden, and any appliances in them.
