Landlord responsibilities

All rented accommodation, regardless of type or size, is governed by the requirements of the Housing Act 2004

As a landlord you need to understand your responsibilities. We are committed to ensuring that rented accommodation in our Borough is safe, well managed and meets the standards required by the Act. By knowing your responsibilities and ensuring your property meets the required standards you will protect your tenants, as well as yourself and your asset. 

Fire Safety

It is your responsibility to ensure that your rented property has a sufficient and suitable automatic fire detection and alarm system and that it is tested regularly to ensure that it is in working order. 

Lacors: Housing - Fire Safety is a national guidance document that sets the minimum standard that we would accept for any rented accommodation in Eastleigh.

It is good practice for landlords of any rented accommodation to carry out a fire risk assessment for their property.

For more information and guidance on how to carry out a fire risk assessment visit Hampshire Fire & Rescue - Business Fire Safety

The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 legislation requires all landlords, regardless of the type of rental property, to:
- provide at least one working smoke alarm on every storey of their property,
- a carbon monoxide detector in any room, including hallway and bathroom, with a fixed gas appliance (except gas cooker), and
- to repair or replace an alarm, when notified by the tenant or their nominated representative that it is faulty

Failure to comply can result in penalties of up to £5,000. Any new, hardwired fire alarm and detection system, emergency lighting  or any new additions to an existing system must be installed by a competent, qualified and Part P affiliated engineer and the correct certification issued. the exact layout and look of the certificates will differ between the various affiliation bodies an electrician can belong to but the information required to be recorded will be the same on all of them.

Electrics

Under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 all electrical installations in rented accommodation are required to be inspected and tested at least every five years by a suitably qualified person and an Electrical Installation Condition Report (EICR) issued by them.

A copy of the report must be provided to tenants within 28 days of the inspection and test, and at the start of any subsequent new tenancy. A copy should be retained until the next inspection and test is due. Read full details of the regulations.

If a report identifies a defect in the installation and that further investigation or remedial action is required, you are required carry out such further investigation or remedial work as outlined within 28 days of the date of inspection/testing, or within the period specified on the report if less than 28 days.

If you have an EICR you would like to submit to us following remedial works being done, please email us, providing us with the attached EICR.

Please see the Government guidance for more information. You may also like to view the Electrical Safety First's Guide for Landlords.

Gas 

All gas installations and appliances must be checked and maintained every 12 months by a qualified Gas Safe registered contractor and a Landlord's Gas Safety Certificate issued. A copy of any new certificate must be provided to the tenants within 28  days of it being issued and any new tenants must be provided with a copy of the current certificate at the start of their tenancy.

Gas Safe - Landlords' Gas Safety Responsibilities

HSE - A Guide to Landlords' Duties: Gas Safety

Housing Health & Safety Rating System (HHSRS)

Rented properties are assessed against the government's Housing Health & Safety Rating System (HHSRS) on whether they are safe to be lived in.

The HHSRS assesses 29 hazard types, including damp and mould growth,  excess cold, structural collapse and electrical hazards. It helps our enforcement officers assess the likelihood of hazards occurring in a property and the severity of harm that would be caused. We split potential hazards into two types: Category 1 hazards are those where the likelihood and/or the severity of harm is so great that action must be taken to remove or reduce the hazard. We have a statutory duty to ensure that this is done. Category 2 hazards are of a lesser severity, but nevertheless still pose a hazard and remedial action may still be required.

Damp and mould

Damp and mould is a common problem, particularly during the winter months. It should not be dismissed as 'lifestyle' and as a landlord you have a responsibility to ensure any concerns raised by a tenant are taken seriously and fully investigated. You then need to make appropriate steps to address the identified underlying cause and reduce chance of recurrence. Learn more

How to become a Landlord - a useful checklist

Additional information for landlords on your responsibilities and matters that need to be considered can be found on this interactive Which? Guide.