Important Safety Regulations

The following safety requirements are the responsibility of the owner (the landlord), and where we are to manage the property, they are also ours as agents. Therefore to protect all interests we ensure full compliance with the appropriate regulations, at the owner's expense.

The Gas Safety (Installations and use) Regulations 1994

This requires a Landlord to ensure that all gas fittings and flues are maintained in good order, and requires gas appliances and flues to be checked for safety by a GAS SAFE registered engineer (The Landlords Gas Safety Certificate). This must be carried out before a tenant takes occupation, and thereafter yearly. A copy of the certificate should be kept at the property at all times and a copy should also be provided to us for our records.

The Electrical Equipment (Safety) Regulations 1994

This regulation requires that all electrical appliances, equipment and supply must be safe. Where their safe use requires, appropriate instruction booklets must also be provided. Plugs and sockets that are newly installed must conform to the appropriate British Standards approved alternative. A valid and current Electrical Inspection Condition Report (EICR) must be carried out for all properties. Portable Appliance Testing (PAT) must be carried out on all electrical equipment.

Smoke Alarms - Section 20 (1) Housing (Scotland) Act 2006

if you are renting out a property in Scotland you must ensure you have a smoke alarm in the property before the tenant moves in. The main points relative to smoke detectors as set out in the statutory guidance are:-

  • There must be one or more functioning smoke alarms installed in the property
  • The number and position of alarms is to be determined by the size and layout of the property
  • There must be at least one alarm on each floor
  • There must be a smoke alarm in the main living area
  • There must be a heat detector in the kitchen area
  • If there are multiple alarms they must be interlinked
  • Any smoke alarm installed or modified after 3rd September 2007 must be mains powered, including replacement alarms

Furniture & Furnishings

The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989, 1993 & 1996) provide that specified items supplied in the course of letting property must meet minimum fire resistant standards. The regulations apply to all upholstered furniture, and 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, bed clothes including duvets, loose covers for mattresses, pillowcases, curtains, carpets or sleeping bags. Therefore all relevant items as above must be checked for compliance, and non-compliant items removed from the premises. In practice, most (but not all) items which comply must have a suitable permanent label attached. Items purchased since 01/03/1990 from a reputable supplier are also likely to comply. Failure to do so could result in up to 6 months imprisonment and/or fines up to £5000. The correct method of displaying compliance is to check that a permanent label is present on all items of furniture. Any items not labeled may not conform to the regulation and will have to be removed from the property.

General Product Safety

The General Product Safety Regulations 1994 specify that any product supplied in the course of a commercial activity must be safe. In the case of letting, this would include both the structure of the building and its contents. Recommended action is to check for obvious danger signs - leaning walls, broken glass, sharp edges etc., and also to leave operating manuals for all electrical equipment or other written instructions about high risk items, such as hot surfaces, electric lawnmowers, etc. for the tenant.

Legionnaires’ Disease

Landlords of residential accommodation have responsibilities for combating Legionnaires’ Disease. Health and safety legislation requires that landlords carry out risk assessments for the Legionella bacteria which cause Legionnaires’ Disease and thereafter maintain control measures to minimise the risk. Most rented premises will be low risk but it is important that risk assessments are carried out and control measures introduced.