Health and Safety, and other Legal Requirements

The following requirements are the responsibility of the owner (Landlord). Where we are managing the property they are also our responsibility. Therefore where we are managing we will ensure compliance, any costs of which will be the responsibility of the landlord.

Gas

Annual safety check: Under the Gas Safety (Installation and Use) Regulations 1998 all gas appliances and flues in rented accommodation must be checked for safety at least every 12 months by a Gas Safe registered engineer. They must be maintained in a safe condition at all times, records kept for at least 2 years, and a copy of the safety certificate given to each new Contract Holder before their Occupation Contract commences.

Electrical

The EICR regulations for landlords for properties in Wales have changed, mandatory five-yearly EICR checks are law from 1 December 2022. The Welsh Government announced the introduction of EICR tests, alongside other changes in the Renting Homes (Wales) Act.

From 1 December 2022, landlords need an EICR certificate (or landlord electrical safety certificate) in place for each property in Wales they own.

What is an EICR test?

An EICR test (also called a landlord electrical safety certificate or fixed wire test) checks the electrical installation in a property.
This ensures light fittings, sockets, wiring, and fuse boxes are all safe and are not fire hazards.

Fire

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 & 1993) provide that specified items supplied in the course of letting property must meet minimum fire resistance standards. The regulations apply to all upholstered furniture, beds, headboards and mattresses, sofa-beds, futons and other convertibles, nursery furniture, garden furniture suitable for use in a dwelling, scatter cushions, pillows and non-original covers for furniture. They do not apply to antique furniture or furniture made before 1950, and certain other items. Non-compliant items must be removed before a Standard Contract commences.

Smoke Alarms

Landlords in Wales must – fit mains-wired interlinked smoke alarms on every floor of the property that will be used as a living space; and fit CO detectors in every room with a fuel burning appliance. There is no exception for gas cookers. CO detectors must be fitted in Wales.

Is your property a House in Multiple Occupation (HMO)?

If your property is on 3 or more levels and let to 5 or more Contract Holders comprising 2 or more households (i.e. not all of the same family) it will be subject to mandatory licensing by your local authority. Whether mandatory licensing as above applies or not, if there are 3 or more Contract Holders not all related in any property, it is still likely to be an HMO, and special Management rules will apply.

The Housing Health and Safety Rating System (HHSRS)

The HHSRS provides an analysis of how hazardous a property is through assessment of 29 potential hazards found in housing. Landlords have to maintain their properties to provide a safe and healthy environment. The HHSRS is enforced by local authorities.

Hazardous Materials

If you are aware, or become aware at any time, of any hazardous materials, including asbestos, at the property, you must notify our office in writing immediately.

Legionella Risk Assessment

The landlord does have a duty to assess the risk from exposure to Legionella. No detailed assessment or report is required and a simple assessment may suffice.

The Disability Discrimination Act 2005

The DDA 2005 addresses the limitations of current legislation by extending disabled people’s rights in respect of premises that are let or to be let, and commonhold premises. Landlords and managers of let premises and premises that are to let will be required to make reasonable adjustments for disabled people.

Energy Performance Certificates (EPCs)

EPCs are required for all new rental properties in England & Wales, Scotland, and Northern Ireland. Landlords offering property for rent are required by law to provide prospective Contract Holders with an Energy Performance Certificate for their property with a minimum rating of E or above (this is subject to change). The certificates must be provided before any written information about the property is provided to a prospective Contract Holder or a viewing is conducted. An EPC is valid for 10 years. We can arrange an EPC inspection for our landlord clients upon request.

Landlord Legal Requirement

It is a legal requirement that every Landlord has to register with Rent Smart Wales. As part of our licence condition with Rent Smart Wales we have to report any landlord who remains non-compliant after 12 weeks and this includes let only client landlords who are required to be licenced.

Get in Touch

Google reCaptcha: Invalid site key.