Landlord Safety Requirements

Whether you own a single buy-to-let or manage a portfolio, your legal duties as a landlord go far beyond collecting rent. Getting safety wrong can result in fines, prosecution, and in the worst cases, tenant deaths that could have been prevented.

This guide covers everything you need to know about landlord health and safety responsibilities in England and Wales.

The non-negotiable requirements

These apply to virtually every rental property in England. Failure to comply is a criminal offence.

1. Gas Safety Certificate (CP12)

If your property has any gas appliances (boiler, cooker, fire), you must have an annual gas safety check by a Gas Safe registered engineer.

No valid gas safety certificate = illegal to let the property. Fines up to £6,000 per offence, plus potential manslaughter charges if a tenant dies from carbon monoxide poisoning.

Key requirements:

Annual inspection of all gas appliances, flues, and pipework
Check must be done by a Gas Safe registered engineer
Certificate (CP12) must be given to existing tenants within 28 days
New tenants must receive a copy before moving in
Records must be kept for 2 years

What gets checked:

Boilers and water heaters
Gas fires and wall heaters
Gas cookers and hobs
Pipework and gas meter
Flues and ventilation

Gas Safety: Your Duties vs Engineer's Duties

Your responsibility

•Arrange annual inspection
•Provide access for engineer
•Give certificate to tenants
•Keep records for 2 years
•Act on any safety concerns raised

Engineer's responsibility

•Conduct safety checks
•Test all gas appliances
•Check ventilation is adequate
•Issue CP12 certificate
•Make safe or condemn unsafe appliances

Cost: Typically £60-90 for a standard check (boiler + cooker). Budget for this annually.

2. Electrical Safety (EICR)

Since 2020, landlords in England must have an Electrical Installation Condition Report (EICR) for their rental properties.

Key requirements:

EICR required before new tenancies (from July 2020)
Existing tenancies required EICR by April 2021
Inspection every 5 years (or sooner if report specifies)
Must be carried out by a qualified electrician
Copy to tenants within 28 days
Copy to local authority within 7 days if requested

What the EICR covers:

Consumer unit (fuse box)
Wiring condition
Earthing and bonding
Sockets and switches
Light fittings (landlord's fixtures)

Important:

The EICR only covers the fixed electrical installation - not tenant's appliances. However, any appliances you provide (washing machine, cooker) should be safe and ideally PAT tested.

Understanding EICR codes:

Code	Meaning	Action Required
C1	Danger present	Immediate action - urgent safety risk
C2	Potentially dangerous	Rectify within 28 days
C3	Improvement recommended	Not mandatory but advisable
FI	Further investigation	Investigate before signing off

If you receive C1 or C2 codes, you must complete remedial work within 28 days and provide evidence to your local authority.

Cost: Typically £150-300 depending on property size.

3. Smoke and Carbon Monoxide Alarms

The regulations were strengthened in October 2022 with new requirements.

Current requirements (England):

Smoke alarm on every floor with living accommodation
Carbon monoxide alarm in any room with a fixed combustion appliance (except gas cookers)
Alarms must be in working order at the start of each new tenancy
Landlord must repair or replace faulty alarms when reported

Warning:

"Working order at the start of tenancy" means you must physically check them - not just assume. Document this in your check-in inventory.

Best practice (beyond minimum):

Interlinked alarms (when one sounds, all sound)
Heat detector in kitchen (fewer false alarms than smoke detector)
Sealed 10-year battery units (no battery changes needed)
Test annually at inspections

Cost: Quality smoke alarms from £20 each, CO alarms from £15. Interlinked systems from £100-200.

4. Energy Performance Certificate (EPC)

While not strictly health and safety, you cannot legally let a property without a valid EPC.

Requirements:

Valid EPC (less than 10 years old)
Minimum rating of E (since 2020)
Must be provided to prospective tenants
Displayed in property marketing

Properties rated F or G cannot be let unless they have a registered exemption.

Fire safety responsibilities

Your fire safety duties depend on the type of property.

Single-occupancy rentals (standard AST)

For a house or flat let to a single household:

Working smoke alarms on each floor
Safe escape route (usually the front door)
Furniture meeting fire safety regulations
Gas and electrical safety (covered above)

HMOs and shared houses

Houses in Multiple Occupation have significantly higher requirements because fire risk increases with multiple households sharing facilities.

HMOs are the highest risk residential properties for fire deaths. Fire authorities actively target HMOs for enforcement.

Additional HMO requirements:

Fire doors to kitchens and bedrooms (30-minute rated)
Protected escape routes
Emergency lighting in common areas
Fire detection system (often Grade A or LD2)
Fire risk assessment (written, reviewed regularly)
Fire blanket in kitchen
Possibly fire extinguishers

Fire Safety: Standard Let vs HMO

Requirement	Standard Let	HMO
Smoke alarms	Each floor	LD2 system typically
Fire doors	Not required	All risk rooms
Emergency lighting	Not required	Common areas
Fire risk assessment	Not legally required	Mandatory
Fire extinguishers	Not required	Often required
Signage	Not required	Fire action notices

What is an HMO?

Your property is an HMO if:

3 or more tenants from 2+ households share facilities, OR
It's a converted building with bedsits, OR
It's been declared an HMO by the local authority

Large HMOs (5+ tenants from 2+ households in a 3+ storey building) require mandatory licensing.

Legionella risk assessment

All landlords should assess the risk of Legionella in their rental properties.

Note:

Legionella is a bacteria that grows in water systems and causes Legionnaires' disease - a potentially fatal pneumonia. Landlords have died in prison after tenants contracted the disease from poorly maintained water systems.

Risk factors in rental properties:

Water stored below 60°C
Long pipe runs with infrequent use (e.g., en-suite in spare room)
Showerheads and spray taps
Properties left empty between tenancies

What you need to do:

Assess the risk (can often be done yourself for simple properties)
Implement controls (usually temperature management)
Keep records
Review when things change

For most standard rentals:

Ensure hot water is stored at 60°C+
Run taps in unused rooms during void periods
Flush through the system after voids
Keep simple records

Professional assessment needed if:

Complex water systems
Large HMOs
Shared water storage
Vulnerable tenants

Cost: Simple self-assessment is free. Professional assessments from £50-150.

Furniture and furnishings

If you provide any upholstered furniture, it must comply with the Furniture and Furnishings (Fire Safety) Regulations 1988.

Items covered:

Sofas and armchairs
Beds and mattresses
Cushions and pillows
Garden furniture used indoors

Look for:

Permanent labels showing compliance
Fire safety tags (often on base of furniture)

Warning:

Second-hand furniture is a major risk - labels get removed, and older furniture may not comply. When in doubt, don't provide it.

Items NOT covered:

Bed frames (without upholstery)
Antiques made before 1950
Sleeping bags
Curtains and carpets

Property licensing

Depending on your property and local area, you may need a licence to let.

Mandatory HMO licensing

Required nationally for:

5+ tenants from 2+ households
In a building of 3+ storeys

Additional licensing

Some councils require licences for smaller HMOs (e.g., 3+ tenants).

Selective licensing

Some councils require ALL rental properties in certain areas to be licensed.

Check your local council's website - licensing requirements vary significantly by area.

Licensing includes:

Fit and proper person test
Property inspection
Compliance with licence conditions
Typically £500-1,500 per property
Usually 5-year duration

Your compliance calendar

Use this schedule to stay on top of requirements:

Landlord Compliance Calendar

Book 2 months before expiry to allow time for any repairs

Test and document in inventory. Also check at inspections.

Or sooner if previous report recommends. Add to calendar.

Check for maintenance issues, test alarms, review safety

Check rating is E or above. Plan improvements if needed.

Or when property is void, or tenancy changes

Or when significant changes occur

Apply 3-6 months before expiry

Common mistakes landlords make

Based on enforcement trends and our experience:

1. Letting the gas certificate lapse

"I forgot" is not a defence. Set calendar reminders 8 weeks before expiry.

2. Not keeping records

If you can't prove you gave the tenant the certificate, you didn't comply. Use email with read receipts, or get signed acknowledgment.

3. Ignoring C2 codes on EICR

You have 28 days to rectify. Missing this deadline is an offence.

4. Not understanding HMO definitions

Many landlords don't realise their property is an HMO. Three tenants from two households sharing a bathroom = HMO.

5. Assuming the agent handles everything

Unless your contract explicitly says they manage compliance, it's still your responsibility. Check what your agent actually does.

6. Relying on old furniture

That sofa from 1995 probably doesn't comply with fire regulations. Check labels or replace.

7. Empty property = no duties

Wrong. Legionella risk increases in empty properties. Gas and electrical certificates must still be valid before re-letting.

What happens if you don't comply?

Example(anonymised)

Real enforcement case: Gas safety failure

The Situation

Landlord failed to arrange gas safety check for 2 years. Tenant reported smell of gas.

Outcome

Improvement notice served. Gas supply disconnected. Landlord prosecuted and fined £8,000 plus costs. Rent repayment order issued.

Key Lesson

The total cost far exceeded 2 years of gas safety certificates (around £150). The landlord also couldn't collect rent during the enforcement period.

Potential consequences:

Offence	Potential Penalty
No gas safety certificate	Up to £6,000 fine per offence
No EICR / failure to remediate	Up to £30,000 civil penalty
No smoke/CO alarms	Up to £5,000 fine
Unlicensed HMO	Unlimited fine + rent repayment order
Fire safety failures	Unlimited fine, imprisonment for serious cases
Death due to landlord negligence	Manslaughter charges possible

Beyond fines:

Rent repayment orders (repay up to 12 months' rent)
Banning orders (prohibited from letting)
Prosecution and criminal record
Insurance invalidation
Mortgage default (breach of conditions)
Difficulty getting future mortgages

Frequently asked questions

Frequently Asked Questions

No. Gas safety checks must be carried out by a Gas Safe registered engineer. It's illegal for unregistered people to work on gas appliances, even in their own property. Always verify your engineer's registration at GasSafeRegister.co.uk.

Yes. New build warranties cover defects, not ongoing safety. The EICR requirement applies regardless of property age. However, new builds should pass easily, so it's mainly a documentation exercise.

Document your attempts to arrange access (in writing). Give reasonable notice (24-48 hours). If repeatedly refused, you can seek a court order, but this is rare. Keep a paper trail - it demonstrates you tried to comply.

Check your management agreement carefully. Many agents arrange checks as part of full management, but the legal responsibility remains with you as the landlord. If your agent fails to arrange a gas check, you face the prosecution, not them.

Not legally required for single household rentals, but it's good practice. For HMOs and properties with common areas, yes - you must have a documented fire risk assessment and review it regularly.

If 3 or more tenants from 2 or more separate households share any facilities (bathroom, kitchen, toilet), it's an HMO. 'Household' means people who are related or in a relationship. Three friends sharing = HMO. Couple plus one friend = HMO. Family of six = not an HMO.

EICR covers the fixed electrical installation (wiring, sockets, consumer unit). PAT testing covers portable appliances (kettles, toasters, provided white goods). EICR is legally required. PAT testing isn't mandatory but is recommended for any appliances you provide.

Absolutely not. CO alarms and gas safety checks serve different purposes. The gas check identifies faults before they become dangerous. A CO alarm only alerts when carbon monoxide is already present - by which point there's already a serious problem. You need both.

Scotland has different and stricter requirements. Since February 2022, all Scottish homes (including rentals) need interlinked smoke alarms in living rooms, hallways, and landings, plus heat alarms in kitchens. Check Scottish Government guidance for full details.

Gas safety certificates: 2 years minimum. EICR: until superseded by next report. In practice, keep everything indefinitely. Digital storage is fine. If you sell the property, hand records to the new owner.

Getting professional help

Most landlord safety compliance is straightforward, but there are times when professional advice is valuable:

Converting to HMO - fire safety requirements are complex
Buying a new property - pre-purchase compliance check
Enforcement action - responding to notices or penalties
Portfolio scaling - systematising compliance across multiple properties
Complex buildings - shared services, conversions, unusual layouts

Not sure what applies to your property? A specialist can review your situation and confirm exactly what you need - often saving money by avoiding unnecessary work.

Speak to a professional