Be A Better Landlord ~ 7 ~ Renting is a Risky Business

Risk Assessments for Landlords

This guide is to assist landlords who wish to risk assess their property.

The blog will be periodically updated, however the information should be checked against current legislation to ensure the most up to date is being complied with, this should be used as guidance only. This blog has been compiled from several sources.

The guide adopts some of the principles of the Government’s Housing Health and Safety Rating System (HHSRS) that is the method used by local authorities when assessing the condition of privately rented accommodation.

There is no legal requirement for landlords to use HHSRS. Nevertheless in carrying out risk assessments as part of the process of ensuring that residential hazards are maintained as low as is practical, landlords will be acting responsibly and also will reduce the risk of enforcement action by local authorities.

However, landlords as ‘responsible persons’ do have a duty under the Fire Safety Order to carry out a risk assessment to determine any fire safety measures required in common parts of buildings comprising flats and in houses in multiple occupation (HMOs).

‘Landlords also have statutory repairing obligations under the Landlord and Tenant Act and the Defective Premises Act. Carrying out and documenting risk assessments, and acting on the findings, can assist landlords to satisfy their repairing obligations.’

Step 1 – Awareness Of Hazards

Familiarise yourself with the 29 hazards that you will need to check your property for below.

Step 2 – Awareness of Deficiencies That Cause Hazards

Familiarise yourself with the POTENTIAL deficiencies that cause hazards – click the hazards below.

The 29 Hazards That You Will Need To Check Your Property

For each you should set the priority and remedial action, the risk assessment should be in writing and updated with remedial actions if required and once completed. The risks should be reviewed periodically which could be annually, at the start or renewal of a tenancy.

Hazard	Description of Hazzard
Asbestos	Presence of and exposure to asbestos fibres and manufacturer mineral fibres within dwelling
Biocides	Threats to health from chemicals used to treat timber and mould growth
Carbon Monoxide	Hazards due to the presence of excess levels in the atmosphere of carbon monoxide, nitrogen dioxide or sulphur dioxide and smoke within dwelling
Collision and Entrapment	Risks of injury from trapping body parts in architectural features – trapping fingers in doors, colliding with objects such as glazing, ceilings and walls
Crowding and Space	Hazards associated with lack of space for living, sleeping and family life
Damp & Mould Growth	Health threats due to dust mites, mould or fungal growths
Domestic Hygiene	Poor design, layout and construction resulting in the dwelling not being able to be kept clean and hygienic, inadequate and unhygienic provision for storing and disposal of household waste
Electrical Hazards	Hazards from shock and burns resulting from exposure to electricity, including from lightning strikes
Entry by Intruders	Difficulties in keeping a dwelling secure against unauthorised entry and the maintenance of defensible space
Position & Operability of Amenities	Threats of physical strain associated with functional space
Excess Cold	Threats to health from sub-optimal indoor temperatures, a healthy indoor temperature is 21o C
Excess Heat	Threats to health due to excessively high indoor air temperatures
Explosions	Threats from blast of an explosion, from debris generated from partial or total collapse as a result of explosion
Falls in Baths	Falls associated with a bath, shower or similar facility
Falls Between Levels	Falls between one level and another, inside or outside a dwelling where the difference between levels is more than 300mm – from balconies, out of windows, garden retaining walls etc
Falls on the Level	Falls on any level surface such as floors, yards and paths, where the change in level is less than 300mm
Falls on Stairs	Falls associated with stairs, steps and ramps where the change in level is greater than 300mm – includes all internal and external stairs, steps, ramps and balustrades
Fire	Threats from exposure to uncontrolled fire associated smoke at a dwelling. Includes injuries from clothing catching alight.
Food Safety	Threats of infection from poor provision of facilities for storage, preparation and cooking of food
Hot Surfaces etc	Threats of burns and injuries caused by contact with flame or fire, hot objects or liquids. Threats of scalds and injuries used by contact with hot liquids and vapors.
Lead	Health threat from lead ingestion – sources; paint, water pipes, soil, fumes from leaded petrol
Lighting	Threats to physical and mental health associated with inadequate natural /artificial light, including psychological effects associated with the view from the dwelling through glazing
Noise	Threats to physical and mental health due to exposure to noise inside the dwelling or within its curtilage
Personal Hygiene	Threats of infection and threats to mental health associated with personal hygiene; including personal and clothes washing, sanitation and drainage
Radiation (Radon Gas)	Health threads due to radon gas and its daughters, primarily airborne, but also dissolved in water
Structural Collapse	Threat of dwelling collapse or of a part of the fabric being displaced due to inadequate fixing or disrepair
Uncombusted Gas Fuel	Threat from fuel gas escaped into the atmosphere within dwelling
Volatile Organic Compounds	Diverse group of organic chemicals that are gaseous at room temperature and found in a wide variety of materials within the home
Water Supply	The quality and adequacy of the water supply for drinking and domestic purposes; including threats from contamination by bacteria, protozoa, parasites, viruses and chemical pollutants

Step 3 – Property Survey

Inspect your property to identify if there are any hazards that need remedial action.

This is done by making a written note of any of the deficiencies that can cause a hazard.

Deficiencies can be defects e.g. disrepair, or shortfalls e.g. inadequate heating.

Step 4 – Assessing the Risk from a Hazard

Consider the likelihood of the hazard causing harm to an occupier or visitor to th

e property over a 12 month period, and the potential severity of that harm.

In the Description of Hazards in the table, the matters that affect likelihood and severity are listed.

Using these lists as a scoring check sheet, score any deficiencies that you have identified using the following key:

Key	Meaning	Priority
1	Not Satisfactory	Low Priority
2	Defective	Medium Priority
3	Seriously Defective	High Priority

Landlords should also have regard to the vulnerability of their tenants, considering age, mobility, etc., in assessing the risk from hazard(s).

Step 5 – Prioritising Remedial Works

The scores for any deficiencies will provide an indication of the priority that will need to be

given to remedial works i.e. a low score would indicate low priority.

When considering what remedial works, if any, are needed to remove or reduce a hazard, consider the relative seriousness of the deficiencies that have been scored. A hazard with an overall low score may still need priority action if some of the individual deficiencies scored are particularly hazardous.

The checklist scoring system is intended to provide a simple indication of whether remedial works to deal with a hazard should be low, medium or high priority. The system is not designed to be a scientifically accurate risk assessment process. This system does not enable a person to compare the relative scores between each hazard but merely highlights areas of most concern.

Occupancy should be considered when assessing priority of works. The very young and the elderly are particularly prone to some hazards – these have been highlighted on the list of hazards. Only when considering ‘crowding’ should primary regard to current occupation be made. The best course of action to deal with a hazard will take account of current occupancy and possible occupancy changes.

Although the private rented sector tends to cater for younger, able bodied people rather than vulnerable groups, landlords should be mindful of those hazards that put vulnerable people at higher risk and take the necessary remedial action as appropriate.

Step 6 – Deciding on Remedial Works

As a matter of principle hazards should be removed where practicable.

However some hazards are unavoidable. Unavoidable hazards should be reduced to as low a level of risk that is practicable and cost effective.

The cost of remedial works should be borne in mind in determining the best course of action.

Deciding on what works may be necessary to remedy some hazards may be straightforward e.g. those arising from disrepair. For example if a gas fire is unsafe it needs to be repaired/replaced. Likewise damp requires eradication. However deciding on remedial works for others will be more challenging.

To assist landlords some advisory suggestions have been included within this guide for certain hazards, to ensure that they are at an acceptably minimal risk level, these include: excess cold, fire, crowding & space, lighting, falls on stairs.

The responsibility person for the “common parts” fire
safety is either the freeholder or landlord who has responsibility for that part of the premises.

Licence conditions will vary between Councils and they should be contacted to check on whether they have any discretionary licensing schemes (Additional or Selective) and their requirements.

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 came into force on 1 October 2015 and applies to all completely new tenancies entered into after this date.

The housing health and safety rating system (HHSRS)

HHSRS is a risk-based evaluation tool to help local authorities identify and protect against potential risks and hazards to health and safety from any deficiencies identified in dwellings. It was introduced under the Housing Act 2004 and applies to residential properties in England and Wales.

This assessment method focuses on the hazards that are present in housing. Tackling these hazards will make housing healthier and safer to live in.

This guidance is aimed at non-specialists, private landlords, to help them understand the requirements under the Housing Act 2004 in relation to the HHSRS and help them identify the type of work that is needed on their properties to conform with the HHSRS.

Fire Safety Order

Fire safety law changed in October 2006 with the introduction of the Regulatory Reform (Fire Safety) Order 2005

You’re responsible for fire safety in business or other non-domestic premises if you’re:

• an employer
• the owner
• the landlord
• an occupier
• anyone else with control of the premises, for example a facilities manager, building manager, managing agent or risk assessor

If there’s more than one responsible person, you have to work together to meet your responsibilities.

The Fire Safety Order also applies if you have paying guests, for example if you run a bed and breakfast, guesthouse or let a self-catering property.

Fire risk assessments

As the responsible person you must carry out and regularly review a fire risk assessment of the premises. This will identify what you need to do to prevent fire and keep people safe.

You must keep a written record of your fire risk assessment if your business has 5 or more people.

As the responsible person you must:

• carry out a fire risk assessment of the premises and review it regularly
• tell staff or their representatives about the risks you’ve identified
• put in place, and maintain, appropriate fire safety measures
• plan for an emergency
• provide staff information, fire safety instruction and training

Carrying out the assessment

1. Identify the fire hazards.
2. Identify people at risk.
3. Evaluate, remove or reduce the risks.
4. Record your findings, prepare an emergency plan and provide training.
5. Review and update the fire risk assessment regularly.

For the fire safety risk assessment chart these are some of the steps you’ll need to consider:

• emergency routes and exits
• fire detection and warning systems
• fire fighting equipment
• the removal or safe storage of dangerous substances
• an emergency fire evacuation plan
• the needs of vulnerable people, for example the elderly, young children or those with disabilities
• providing information to employees and other people on the premises
• staff fire safety training

Help with the assessment

You can do the fire risk assessment yourself with the help of standard fire safety risk assessment guides.

If you don’t have the expertise or time to do the fire risk assessment yourself you need to appoint a ‘competent person’ to help, for example a professional risk assessor.

Your local fire and rescue authority might be able to give you advice if you’re not sure your risk assessment’s been carried out properly. However, they can’t carry out risk assessments for you.

or these useful guides please cut and paste links into internet browser: https://www.local.gov.uk/fire-safety-purpose-built-flats

http://www.cieh.org/policy/fire_safety_existing_housing.html

Management Regulations

The following apply across the full range of workplaces and business relationships, between a landlord and tenant where applicable, including:

1 Management of Health and Safety at Work Regulations 1999: require employers to carry out risk assessments, make arrangements to implement necessary measures, appoint competent people and arrange for appropriate information and training.

2 Workplace (Health, Safety and Welfare) Regulations 1992: cover a wide range of basic health, safety and welfare issues such as ventilation, heating, lighting, workstations, seating and welfare facilities.

3 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR): require employers to notify certain occupational injuries, diseases and dangerous events.

4 Electricity at Work Regulations 1989: require people in control of electrical systems to ensure they are safe to use and maintained in a safe condition.

5 Control of Substances Hazardous to Health Regulations 2002 (COSHH): require employers to assess the risks from hazardous substances and take appropriate precautions. In addition, specific regulations cover particular areas, for example asbestos and lead, and:

6 Construction (Design and Management) Regulations 1994: cover safe systems of work on construction sites.

7 Gas Safety (Installation and Use) Regulations 1994: cover safe installation, maintenance and use of gas systems and appliances in domestic and commercial premises.

8 Dangerous Substances and Explosive Atmospheres Regulations 2002: require employers and the self ­employed to carry out a risk assessment of work activities involving dangerous substances.