Are you a Landlord? The following information explains some of your duties that fall under Health & Safety Legislation and Guidance.
During the COVID-19 pandemic, if you or your Gas Safe registered engineer have difficulties accessing a tenant's property to carry out the annual gas safety check (for example because they are in mandatory self-isolation or have symptoms such as a cough or fever), then you must contact the HSE to discuss the options available.
What is a landlord?
- A landlord is the owner of a house, apartment,land and or real estate, which is rented or leased to an individual or business.
- The law is clear that if you are a landlord and rent out your property (or even a room within your own home) then you have legal responsibilities to ensure the health and safety of your tenant by keeping the property safe and free from health hazards.
Gas Appliances - Landlord Duties
- The leaflet, Gas Safety (Guernsey) Landlords Guidance Booklet Rev 2016, which is available for download, is aimed at landlords and explains some of the main requirements of the Health and Safety (Gas) (Guernsey) Ordinance 2006. It also gives guidance on how to comply with those requirements.
Safety in the Installation and Use of Gas Systems and Appliances - Approved Code of Practice and Guidance
- Section 36 of the Approved Code of Practice, places important duties on most landlords of domestic property to ensure that gas appliances and flues are maintained in a safe condition, annual safety checks are carried out, and records are kept and issued (or in certain cases displayed) to tenants.
- Landlords using agents to manage properties need to ensure that the management contract clearly specifies who is responsible for carrying out the maintenance and safety check duties, and keeping associated records.
Asbestos - Landlord Duties
- Control of Asbestos - Approved Code of Practice 2013 (rev 2017) [1Mb]
- Where premises are let, rented or otherwise provided by a landlord or in the course of any business, it is the landlord's responsibility to manage the asbestos in line with the General Principles for the Control of Asbestos.
- For the avoidance of doubt, the full extent of this ACoP applies to rented and leased dwellings used for domestic purposes, boarding houses, lodgings, hotels, bed and breakfast accommodation, guest houses and self-catering seasonal accommodation, but not to owner occupier of domestic dwellings.
- Asbestos Management Plan
- The asbestos management plan should include an asbestos register. The register should include:
- The identification of asbestos containing materials that may be on site;
- An assessment of risk from any such asbestos containing materials;
- Identification of measures required to be carried out to ensure that any risks from
- exposure to asbestos containing materials are controlled;
- Arrangements for dealing with any accidents, incidents and emergencies;
- Arrangements for monitoring and reviewing the effectiveness of the asbestos
- management plan.
- If no asbestos management plan is in place, or no asbestos register provided, work must not be carried out until an appropriate survey of the relevant areas has been undertaken.