Landlord obligations and safety

A landlord has an absolute duty of care towards a tenant, and must provide a safe environment for the tenant to inhabit. This has a clear interpretation for an HMO, where safety requirements are clearly specified for gas, electrical and fire safety. An HMO license will be revoked if those requirements are not met.

The situation is less clear for properties that are not HMO. Gas safety requirements are clearly specified. Electrical safety requirements are not. Various bodies recommend that electrical safety tests are carried out, but the interval at which they should be repeated is not clear.

It is fairly common for property to be let without testing the safety of the electrical wiring and fixed installations. Portable appliance testing, which checks items like kettles, is more common. However, it does not make the property safe for the tenant if the tested kettle is connected to unsafe wiring - the socket may be damaged, unearthed or have loose wiring; the consumer unit or fuse board may be in poor condition or not up to current standards.

Although the legislation can be viewed as ambiguous, it is clear that a landlord must provide a safe electrical system for the tenant to use.

With this in mind, Clan Gordon believe it is their duty as the managing agent to protect the landlord and the tenant. Further details are in the section on electrical safety.

You can find out more information at our sister website - certficates4letting.co.uk.