New regulations aim to increase safety in private rented homes by requiring all private tenancies to meet electrical safety standards.
Steven had been renting out his property to a tenant for a while. The tenant informed him that the smoke alarms had been removed because they were making noise. This concerned Steven, as he needed to ensure he was complying with the new fire and electrical safety certification requirements. However, he struggled to gain access to the property to conduct an inspection.
Steven reached out to Landlord Advice for guidance on how to proceed.
What We Advised
Right of Entry
Our adviser explained that, although Steven owned the property, it was the tenant's home, and tenants have the right to privacy. A landlord can only enter the property for a valid reason, such as conducting an inspection or making repairs, and they must have the tenant's permission. Additionally, the landlord must give the tenant at least 24 hours’ notice before entering the property.
Guidance on Access for Fire Alarm Inspections
The adviser pointed Steven to the Department for Communities’ guidance on dealing with access issues related to new fire alarm regulations. The guidance outlines the following:
- The landlord should first try to understand and resolve the access problem with the tenant.
- If the issue persists, the landlord should send a written request to the tenant, explaining the need to access the property to comply with the new regulations.
- It’s important for the landlord to keep a record of all communications with the tenant, especially in case the matter is later investigated by Environmental Health.
- If the landlord cannot carry out the required inspection because the tenant refuses access, they will not be held responsible for failing to comply with the regulations.
Additional Solutions
We suggested that Steven consider Housing Mediation to help resolve the access issue.
If he still had trouble gaining access, then Stephen may need to consider contacting a solicitor to apply for a court order to allow access to the property.
The advice Steven received would help him to comply with the new regulations.
If you're a landlord and need advice, get in touch.