OMBUDSMAN
took all reasonable steps to comply with the law. The HSE recommends the following best practice in these circumstances and strongly advises that a record be kept of all correspondence with the tenants, specifically:
• •
•
leaving the tenant a notice stating that an attempt was made to complete the gas safety check and provide your contact details;
writing to the tenant explaining that a safety check is a legal requirement and that it is for the tenants own safety.
giving the tenant the opportunity to arrange their own appointment.
HSE inspectors will look for at least
three attempts to complete the gas safety check, including the above suggestions; however the approach will need to be appropriate to each circumstance. It would ultimately be for a court to decide if the action taken was reasonable depending upon the individual circumstances. It would appear to be a good idea to
include arrangements for access in the tenancy
agreement.The Electrical
Equipment (Safety) Regulations Act 1994 (amended 1996) and the Plugs and Sockets (Safety) Regulations apply to all landlords and their managing agents when supplying electrical equipment. It is important to ensure that all electrical appliances and fittings within the property are safe and in good
working order. Unlike gas regulations, there is no law that says a landlord must have an electrical safety certificate. But, should any electrical fittings or appliances
within the Property cause harm to a tenant the landlord could be held liable. The tenant could sue for damages and/or bring the landlord before a court for negligence under the regulations. Best practice would be to carry out
safety tests annually or whenever a new tenant moves in. I would not expect a landlord or agent to let a property where
the electrical safety report shows items that are unsafe to use or require repairs. Instruction books should be provided on how to operate the electrical appliance as this provides further safety information for the tenant. It should also be remembered that a landlord or agent cannot hand over
responsibility to the tenant to check electrical items for safety, or to add any extra clauses within the tenancy agreement to such effect. It will be evident from
this brief overview, which I hope has created an
awareness of the issues, that safety is an extremely important
obligation and I would recommend that all letting agents ensure that they thoroughly acquaint themselves with all applicable legislation and ensure that all parties are aware of their ongoing responsibilities.
Do you have any views or experiences to share?
www.propertydrum.com/articles/ombudsmanapr
PROPERTYdrum APRIL 2011 53
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