Landlord Tenant Regulations - Ayrshire & Glasgow
Landlord and Tenant Act 1985
Section 8 Implied terms as to fitness for human habitation
In a contract to which this section applies for the letting of a house for human habitation there is implied, notwithstanding any stipulation to the contrary—
- a condition that the house is fit for human habitation at the commencement of the tenancy, and
- an undertaking that the house will be kept by the landlord fit for human habitation during the tenancy.
Section 11 Repairing obligations in short leases
1. In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor —
- to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and ex pipes
- to keep in repair and proper working order the installations in the dwelling house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
- to keep in repair and proper working order the installations in the dwelling house for space heating and heating water.
You can find full details on legislation.Gov portal. Follow below link https://www.legislation.gov.uk/ukpga/1985/70
Housing Act 2004 (C 34)
In Housing condition (Part 1, Chapter 1, page) a new system to explain housing conditions has been introduced.
Section 01: New system for assessing housing conditions and enforcing housing standards from legislation.gov
(1) This Part provides -
- for a new system of assessing the condition of residential premises, and
- for that system to be used in the enforcement of housing standards in relation to such premises.
(2) The new system -
- operates by reference to the existence of category 1 or category 2 hazards on residential premises (see section 2), and
- replaces the existing system based on the test of fitness for human habitation contained in section 604 of the Housing Act 1985 (c. 68).
- The kinds of enforcement action which are to involve the use of the new system are —
- the new kinds of enforcement action contained in Chapter 2 (improvement notices, prohibition orders and hazard awareness notices),
- the new emergency measures contained in Chapter 3 (emergency remedial action and emergency prohibition orders), and
- the existing kinds of enforcement action dealt with in Chapter 4 (demolition orders and slum clearance declarations).
Section 02 Meaning of "category 1 hazard" and "category 2 hazard"
(1) In this Act -
"Category 1 hazard" means a hazard of a prescribed description which falls within a prescribed band as a result of achieving, under a prescribed method for calculating the seriousness of hazards of that description, a numerical score of or above a prescribed amount;
"Category 2 hazard" means a hazard of a prescribed description which falls within a prescribed band as a result of achieving, under a prescribed method for calculating the seriousness of hazards of that description, a numerical score below the minimum amount prescribed for a category 1 hazard of that description; and
"hazard" means any risk of harm to the health or safety of an actual or potential occupier of a dwelling or HMO which arises from a deficiency in the dwelling or HMO or in any building or land in the vicinity (whether the deficiency arises as a result of the construction of any building, an absence of maintenance or repair, or otherwise).
Heath & Safety website
As a landlord, you are legally responsible for the safety of your tenants in relation to gas safety. By law you must:
- Repair and maintain gas pipework, flues and appliances in safe condition
- Ensure an annual gas safety check on each appliance and flue
- Keep a record of each safety check
- You should also keep your tenants informed about their responsibilities while they are staying in your property. http://www.hse.gov.uk/gas/landlords/index.htm
"Make arrangements for inspecting and testing fixed wiring installations, ie the circuits from the meter and consumer unit supplying light switches, sockets, wired-in equipment (eg cookers, hairdryers) etc, to be carried out regularly so there is little chance of deterioration leading to danger. This work should normally be carried out by a competent person, usually an electrician" http://www.hse.gov.uk/toolbox/electrical.htm
Ensure the electrical installation is safe
- new electrical systems are installed to a suitable standard, eg BS 7671 Requirements for electrical installations, and then maintain them in a safe condition;
- existing installations are maintained in a safe condition; and
- you provide enough socket outlets because overloading socket outlets by using adaptors can cause fire. http://www.hse.gov.uk/pubns/indg231.pdf