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Legislation and Safety

Gas Safety (installation and use) Regulations 1994

The Gas Safety (Installation and Use Regulations) 1998 place a duty of care on Landlords to ensure that all gas fittings, appliances and flues supplied with accommodation are maintained in a safe condition. Instruction booklets should be provided for each gas appliance supplied.

Typical gas appliances include Central Heating Boilers, room heaters, water heaters, cookers, hobs etc

Flues must be correctly installed and efficiently maintained. Open flues are not allowed in any room used for sleeping.

The regulations require that a CORGI registered gas installer carry out an annual safety check. You must keep a record of safety checks including details of any problems found and rectified and issue the tenant with a copy of the Gas certificate within 28 days of the service.

An annual service alone will not be adequate for compliance with the Regulations
If you require further guidance in connection with the regulations you can obtain an advisory leaflet from the Health and Safety executive.

Failure to comply with the regulations could result in fines of up to £6,000 and 6 month's imprisonment per item not complying and possible manslaughter charges in the event of death. The Tenant may also sue you for civil damages.

Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1993

Any furniture and furnishings provided by you must meet the fire resistance requirements of the above regulations.

The regulations cover all upholstery and upholstered furniture supplied in a rented property. Typical items of furniture would include settees, armchairs, loose cushions, futons sofa beds, mattresses, headboards, pillows etc. (garden furniture that is also suitable for use inside the home must also comply). The regulations do not apply to duvets, loose mattress covers and carpets.

All furniture provided must meet these regulations unless it was manufactured prior to 1950.
Any furniture sold since 1990 will have regulatory display labels, which should not be removed as the label indicates that the items comply with the regulations.

Further information is obtainable from the DTI consumer safety publications that publish a booklet, a guide to the Fire and Furnishing Regulations.

Failure to comply with the regulations could result in a fine of £5,000 and 6 month's imprisonment per item not complying and possible manslaughter charges in the event of death. The Tenant may also sue you for civil damages.

The Electrical Equipment (safety) Regulations 1994

There is no statutory obligation on landlords to have professional checks carried out on the electrical system or appliances. However, under the Electrical Equipment (Safety) Regulations 1994 & The Plugs and Sockets etc. (Safety) Regulations 1994, both of which come under the Consumer Protection Act 1987, there is an obligation to ensure that all electrical equipment is safe. The Health & Safety Executive enforces these regulations.

You should ensure that any electrical equipment supplied as part of a let accommodation does comply with the above regulations and that all electrical equipment supplied is safe for use.

If you require further guidance in connection with the regulations you can obtain an advisory leaflet from the Health and Safety executive.

Failure to comply with the regulations could result in a fine of £5,000 and 6 month's imprisonment per item not complying and possible manslaughter charges in the event of death. The Tenant may also sue you for civil damages.

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