25-10-2007
Prepare your buy-to-let for a safe and warm winter
by Karen Baldwin for Simply Business
With Autumn well underway, temperatures are dropping lower by the day. This is the time of year when many people switch their heating on, only to find that problems have occurred over the summer needing immediate attention.
Landlords should be aware that their tenants will also be seeking the warmth and comfort of their central heating, and that there are certain responsibilities associated with this that should be acted upon sooner rather than later.
If, for example your property has old gas appliances, failing to have them checked by a professional could result in your tenants getting ill from carbon monoxide poisoning. Boilers should also be a top priority for servicing, as they can be very dangerous if not in top working order.
Landlords are not always aware that they have a legal responsibility to check gas and electrical heating equipment and appliances to ensure they are safe.
Regulations designed to protect tenants using gas and electrical appliances were put into place almost 10 years ago. These include the Gas Safety (Installation and Use) Regulations 1998, and the Electrical Equipment Regulations 1995.
Gas Safety Regulations
The Gas Safety Regulations state that landlords have a duty to ensure that the gas appliances and flues they provide for tenants' use are maintained in a safe condition at all times.
They must also ensure that these appliances are checked for safety each year by a Council for Regulated Gas Installers (CORGI) registered installer, and that they give a copy of the check record to the tenant.
This certificate is very important because if an accident was to happen to a tenant that was caused by a faulty gas appliance, and no certificate was issued, the tenant could sue for compensation. And if there was damage caused to the property, the insurance company is more likely to reject a claim without the certificate as proof.
According to the Health and Safety Executive (HSE), every year about 30 people die from carbon monoxide poisoning caused by gas appliances and flues which have not been properly installed or maintained. Many others also suffer ill health.
Under the Gas Safety Regulations, landlords must:
Ensure installation pipe work, appliances and flues provided for tenants are maintained in a safe condition
Ensure an annual safety check is carried out on each appliance and/or flue that is provided for tenant use
Ensure maintenance and annual safety checks are carried out by a CORGI registered installer
Keep a record of each safety check for two years
Issue a copy of the safety check to each existing tenant within 28 days of the check being completed and to any new tenant before they move in
Ensure all gas equipment (including any appliance left by a previous tenant) is safe or otherwise removed before re-letting
If a managing agent is used to help the landlord in meeting their duties, the management contract needs to clearly specify who is to make arrangements for maintenance and safety checks to be carried out and for keeping records. However, the landlord maintains overall responsibility for ensuring duties are met, irrespective of whether a managing agent is employed
Ensure that anyone carrying out work on gas appliances/fittings and/or flues provided for tenants use has the required competence and that only CORGI registered installers are used.
Tenants also have some responsibilities in this area. They need to give their landlord access to the property so that the required maintenance or safety checks on appliances that are provided for their use can be carried out.
Electrical Safety Regulations
The Electrical Equipment Regulations came into force in 1995 outlining the regulations relating to electrical appliances and equipment.
Under these Regulations, it is essential that landlords and their managing agents:
Check all electrical appliances in all managed properties for defects (e.g. frayed wiring, badly fitted plugs, etc.)
Remove unsafe items
Maintain records of the checks carried out for all the appliances in each property.
While not essential, it is also recommenced that:
Appliances are checked by a qualified electrical engineer
Instruction booklets are available at the property for all appliances and that any necessary safety warnings are given to tenants
The Regulations should be referred to in the management contract
Second-hand electrical appliances should not be purchased for rented properties. If used appliances are installed, it is necessary to have them checked by a qualified engineer.
While there is no specified requirement for annual testing under the Regulations, it is suggested that managing agents should schedule ongoing checks in order to ensure compliance.
Get comprehensive, specialist landlord insurance cover
Even though adhering to these regulations minimises the risk of accidents happening in your property, having adequate insurance to cover all eventualities is highly important. Especially as it is not just your livelihood at risk, but another persons life.
Landlord insurance can be purchased tailor-made from most providers, although policies should be checked carefully for exclusions and conditions. Good brokerage services, such as Simply Business, will provide a range of quotes tailored to your requirements, including basic elements such as Buildings and Contents cover as well as more specialised covers such as Loss of Rent and Legal Expenses.
Landlord Insurance is about providing peace of mind - ensuring that you can minimise some of the risk involved with your investment. But with winter approaching, taking the right precautions now by getting your gas supply and appliances checked means that you wont need to rely on insurance payouts later.
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