Every property on the rental market must meet certain standards that ensure that it is safe and fit to live in. Health and safety in rented accommodation are assessed, normally by a local authority using the HHSRS (Housing Health and Safety Rating System). As someone who is renting, however, it is better that you know your rights as a tenant and not just relying on some third party to make sure that everything in your house is as it should be.
A House Viewing Checklist For Tenants
Things are a lot better now than they used to be and the vast majority of landlords are keen to fulfil their obligations and stay within the law. But, there are of course those more unscrupulous landlords that don't.
Knowing your rights as a tenant is essential and we have drawn up this document to that end. If you are thinking of moving anytime soon then you can also use this article as a house viewing checklist for when you visit the property.
Another thing you can do before you move in anywhere new is to get in touch with your letting agent or the landlord and simply ask them if every point on this list is covered.
You can use this as a viewing checklist when you're viewing your new rental property for the first time.
Or simply ask your letting agent or landlord to confirm the property you're considering applying for has all of these elements covered. Even if they don't tell you truth their response could still be very telling.
No matter what, it is important that you know your rights and make sure that they are met where you choose to live.
Table Of Contents
- 1. About This Document
- 2. Common Hazards Inside The House
- 2.1 Mould
- 2.2 Damp
- 2.3 Overcrowding in Rented Property
- 2.4 Security
- 3. Potential For Accidents In The Home
- 3.1 Floor & Paths In Good Order
- 3.2 Plug Sockets Are Loose
- 4. Safety Requirements
- 4.1 Gas Safety
- 4.2 Smoke & Carbon Monoxide Alarms
- 4.3 Electrical Safety & Certificates
- 5. Repairing Obligations
- 6. Resources
About This Document
Disclaimer
It's important to note that the rules around health and safety in rented accommodation can and do change regularly. Also how the law is interpreted, implemented and enforced can be different for different local authorities.
Health and Safety Law Vs. Health and Safety Best Practices
Not everything in this document concerns things that landlords are required to do by law.
Some of the things that are discussed concern best practices - which is to say, they are things that landlords commonly take care of, to make sure that their properties are properly taken care of and maintained.
Whilst you can not force a landlord to follow best practices we have included them in this document as we consider them to be important things to consider when you are choosing your future home.
Common Hazards Inside The House
Below are the most common problems that rental properties (or indeed, any property) tend to have inside the house.
Generally, these things are fairly easy to resolve and they are easy to spot if you know what you are looking for.
As a tenant, it is good practice for you to raise these issues with your landlord as soon as you recognise that there is an issue. As the property owner, most landlords will be keen to fix any problems as it could impact the value of their house. And, of course, the earlier such problems are found the less expensive they will be to fix.
Property Investments UK
This is also true when you are looking at a property. If you recognise any of these problems when you are viewing a new property the best thing to do is to alert the landlord to them and if you still want to move to that property give them a chance to put such problems right.
But, in order to do either of these things you need to know what you are looking for first.
Mould Problems
The Causes Of Mould
Mould is most often caused by condensation building up inside the home. This build-up tends to be the result of a cold/warm air imbalance and/or poor air flow around the affected area.
Mould and damp are very common in UK housing. This is particularly in Manchester and the North West where I do most of my business where dry weather can be rare.
But, the weather is only a small factor. Every home creates plenty of moisture which can lead to mould.
Baths, showers, kettle, ironing and cooking are all contributing factors. Even breathing has a significant effect.
Moisture expelled into the air inside a house generally does not cause a problem if there is decent ventilation. But if that moisture is held in warm air which then meets a cold surface such as a window or a wall, then it condenses and becomes water droplets on that surface.
If this is happening a lot within a house then mould will start to grow, usually on cold walls, window ledges or surfaces.
Mould and Health
Mould produces spores which can seriously affect your health if you breathe them in. As such it is important that you shouldn't live with it in your house.
Allergic reactions to are the most common health problems associated with breathing in spores. They can cause eczema and asthma attacks as well. There is even some evidence that mould can cause a person who did not previously have asthma to develop it.
And, of course, the presence of mould becomes a much more serious issue if there are babies or elderly people (or anyone with a weakened immune system) living in the house.
How To Get Rid Of Mould
Under normal circumstances mould is very easy to treat.
1. Produce Less Moisture
The first way could be to simply try and reduce the amount of water vapour in the home. This may not always be practical. I'm not suggesting that you stop showering. But, there is often something you can do.
For instance, you might have a tumble dryer where the flue is not connected properly. If when you turn on a machine like that you can feel the air getting damp then it's possible that a quick visit from a plumber will make the problem go away.
But, in a busy family home, in most cases, producing less moisture is going to be simply not possible.
2. Make Sure The Moisture Has Somewhere To Go
The second solution is to not let the moisture that is being produced, linger in the house.
Installing air vents can certainly help. A small window in the areas of the house that produce the most moisture (the bathroom and the kitchen) can certainly help.
Windows and vents will help to draw the damp air outside.
As a tenant, you can also make sure that doors are kept shut when you're showering and cooking. Even keeping lids on pans while they're boiling will help reduce the amount of moisture in the property.
The landlord or course can only do so much to control things like this. If your landlord has installed a window in the bathroom you, as a tenant, should be opening it when you shower. If the landlord has installed an extractor fan, then you should be turning it on when you need it.
And, keeping the central doors shut when you are steaming or boiling food is good practice whatever your living arrangement.
Keeping The Home Well Ventilated AND Warm
This may sound counter-intuitive but a well-ventilated home (where moist air can escape outside) should not mean that the home is cold.
Because if the home is cold then there are going to be cold surfaces on which the moisture will condensate upon.
By keeping the house at a warm stable temperature throughout the year you stop condensation from forming and mould won't get the chance to grow.
More Tips For Preventing Mold
- Installing trickle vents in the windows.
- Making sure that air bricks aren't blocked. If an air brick is causing an issue with draft then installing a smaller one can help a great deal.
- Opening windows slightly when you are cooking, showering or doing something else that produces a lot of moisture.
- And finally, not drying your washing on a radiator and doing it outside whenever possible.
Problems With Damp
Damp can lead to mould and other problems. If it's spotted then it needs to be dealt with.
It generally shows as wet patches on a wall and tends to occur when a fault in the basic structure of the building has let water in from the outside.
There are generally two types of damp:
1. Penetrating Damp
Penetrating damp occurs either when water gets into the house through defective parts of the walls, roof or chimney or when there is a water leak, for instance from a burst pipe.
If the water is leaking into a wall cavity then penetrating damp can take a long time to show in the liveable areas of the house. And if it's the case that the water is coming in from a damaged roof then the signs of damp can be much more pronounced after heavy rain.
Penetrating damp which occurs if water is coming through the walls, roof or chimney. This can happen at times of heavy rain and may take a while to show, or if there is a water leak from a pipe or other water source.
2. Rising Damp
Rising damp is caused by moisture being drawn up from the ground into the floors and walls and can be recognised for what it is from the direction that the damp is travelling in.
Rising damp can be treated by the installation of a damp proof course which acts as a barrier.
How To Get Rid Of Damp
Damp is most often indicative of a problem with the building. In most cases, therefore, it is the landlord who is responsible for putting things right.
Luckily both penetrating damp and rising damp are easy to treat. A pipe might need fixing, a hole in the roof might need patching up, the damp proof course might need looking at. It's as simple as that.
Dealing With Damp as a Tenant
Once you have spotted that damp is a problem you will need to speak to your landlord or letting agent immediately and request that whatever is causing it be fixed.
The sooner you do this the better. Dealing with damp quickly will help avoid further damage to the property and prevent other hazards such as mould from taking hold.
Damp can occur over a prolonged period of time and it isn't always visible. This means that it is often missed until it has already become a serious problem.
So, as a tenant you have a responsibility to be aware of these potential issues and report them as soon as you see the. This, really, is the best way to protect your home.
Likewise, if you are viewing a property and you see damp then let the letting agent or landlord know. Just because there is damp doesn't mean you shouldn't move in but you will want to know that whatever is causing it has been fixed before you take that step.
Finally, your landlord or letting agent should be carrying out an internal inspection of the house fairly regularly. This might be every 3 months, 6 months or sometimes just once a year.
Remember that these inspections are not all about you as a tenant but also about looking for problems like damp, which if left untreated could later impact the comfort of your home.
Overcrowding in Rented Property
Having inadequate space or living in an overcrowded property not only makes it less comfortable to live in but can affect your health and safety by increasing the risk of infection and the likelihood of accidents.
Other factors that are important to consider, for your own comfort, are having enough natural light (which can impact mood) or the property being overcrowded to the point of being too noisy.
Then there are purely practical factors like there being enough bathrooms and toilets for there not to be unreasonable queues.
Overcrowded Housing
The three key elements to overcrowding in rented property tend to be:
- Bedroom sizes that are too small
- A lack of natural light
- Too few bathrooms or toilet facilities to go round
Your Rights As A Tenant
The first step to avoiding living in an overcrowded property is to make sure that any property you are looking at suits your needs before you take the plunge and move in.
Naturally, overcrowding is only going to be a problem when it comes to shared accommodation, also known as HMOs (houses in multiple accommodation).
It is important if you thinking of renting a room in shared accommodation that you ask the right questions. For instance, you will want to know how many people are expected to share facilities such as toilets, showers and kitchens.
It's also important that you view the property before you move in to make sure that there is enough natural light and that the bedroom sizes are sufficient for your needs.
If, during your tenancy, the property becomes overcrowded (with more people moving in) and space becomes an issue then you must raise the problem with your letting agent and/or landlord immediately.
There are health and safety requirements that landlords have to meet with regard to overcrowding but on occasion, a landlord may need to be reminded of their obligations.
If you feel your landlord is in breach of their responsibilities but doesn't show any sign of wishing to act on it then I suggest you read up on your rights as a tenant and find out what the best practice is for resolving the problem.
Information for Landlords:
Security in Rented Accommodation
Feeling secure and safe in your home is paramount. You shouldn't have to worry about entry by intruders or feel insecure.
Unfortunately, homes are a common target for thieves and rented property is no different.
Making Sure Your Home Is Secure
Most modern doors and windows now are very secure. Double glazing, modern locks and solid front and rear doors all can make a house very well protected against intruders.
But, older doors and windows can also be safe and secure as long as:
- The locks are up to standard.
- The frames and glass are strong enough to protect from intruders.
As a tenant or potential tenant there are a few things you should check to make sure that the property is as secure as it should be:
- Check the windows and doors to make sure they shut properly.
- Have a look for signs that might indicate that the property has been broken into before. These signs might include damage to, or cracks in, window and door frames
- And most obviously, you need to check the locks on key entry and exit routes to make sure they are in working order.
Potential For Accidents In The Home
Trip Hazards
Tripping and falling due to some uneven ground is a common hazard and rented accommodation is no different. Uneven floors within the property are a risk as are uneven paths and patios outside.
Higher risk areas are showers, stairs and balconies.
Falling over poses a much greater risk to the elderly than it does for younger people but anyone can get seriously hurt simply by tripping up.
How To Minimise The Risk Of Falling
Avoiding the potential for trips and falls is something that is best tackled through cooperation between you as a tenant, and your landlord. It involves the right balance of common sense, best maintenance practices and health and safety regulations.
Your landlord is responsible for ensuring that the property is safe.
But, it is important that as a tenant, you watch out for any potential hazards there might be in your home.
So, if you spot any issues such as:
- Uneven ground
- Loose stair rails
- Frayed carpet thread
- Or any other kind of trip hazard...
...you should make your landlord/letting agent aware of them immediately so that they can make amends.
Loose Plug Sockets
Old or damaged plug sockets (or any kind of faulty wiring) are electrical hazards that can cause shocks. These can lead to injury or even death.
How To Fix A Loose Plug Socket
The answer here is that you should not try and fix any kind of electrical fault yourself. This kind of work should only be carried out by a qualified electrician.
If you notice any problems associated with electrical wiring or plug sockets in your rented property, you should contact your letting agent or landlord immediately so they can arrange an electrician to investigate and fix the problem for you.
Safety Requirements For Rented Accommodation
Gas Safety
Gas appliances can be dangerous when not maintained. Gas leaks can be fatal.
Your landlord has a legal requirement to carry out a regular gas safety check. This needs to be done at least once a year.
What Tenants Need To Know About Gas Safety
To ensure that all the gas appliances are working correctly your rental home needs to have a yearly gas safety check. This needs to be carried out by a qualified Gas Safe engineer who will issue a certificate once the inspection has been done.
Your letting agent/landlord should arrange this and contact you annually so. It’s essential that you as a tenant should allow the engineer to access to access the property to do what needs to be done.
If you are in a property where there hasn't been a recent inspection you need to contact your agent or landlord and ask them when the last one was done and when the next one is due.
What To Do If You Smell Gas
If you ever smell gas, there could be a leak, which could be extremely dangerous.
In this instance you should contact the National Grid immediately and open all the windows to allow for ventilation.
Smoke Alarms and Carbon Monoxide Sensors
Carbon monoxide is a very dangerous gas.
It is poisonous, it can and does kill, and it has no smell or taste so it's very hard to detect if you have a leak.
Rental Housing and Smoke / Carbon Monoxide Alarms
Since October 2015 landlords have been required by law to ensure that their rental properties have working smoke and carbon monoxide alarms installed.
So, as a tenant, if your rented home doesn't currently have a smoke alarm or a carbon monoxide detector then you need to contact your letting agent or landlord immediately and ask them to get one installed.
Electrical Safety
As with damaged or broken sockets, all electrical items in your home can carry some risk.
Any items that are provided by your landlord should be maintained and all electrical installations within the property should be safe. This is required by law.
What Tenants Need To Know About Electrical Safety
Landlords are required by law to ensure that all electrical installations within their properties are safe.
The Periodic Inspection Report
Many landlords periodically will carry out an inspection report but this isn't currently a legal obligation in all cases and with all rental property.
But, a lot of local councils require landlords to do this as part of selective or additional licensing schemes in some areas.
So, it may well be that your landlord - if your home falls within a particular licensing area - is obligated to regularly make an inspection.
To see if your property lies within one of these licensing areas you will need to contact your local authority and they will advise you further.
Houses In Multiple Occupation
It isn't always a legal requirement for you electrics to be periodically checked if you are in a standard buy to let. But if the house in which you live is an HMO (house in multiple occupation) then these checks are required by law.
For more information see:
https://www.gov.uk/renting-out-a-property/houses-in-multiple-occupation-hmo.
The Landlord's Obligation To Repair
The reality is that maintaining a healthy, safe home is the combined responsibility your landlord and yourself as the tenant. Where issues tend to arise, it is when one party fails to carry out the best practices to ensure that the home is maintained.
The above guide should give you an idea as to what the common problems and hazards are in a rental property. Hopefully, the solutions we've put forward will help you as well.
Government Advice: Health and Safety In Rented Accommodation
For more information please see this pdf from the Department for Communities and Local Government.
To quote this document:
“Even if your tenancy agreement is silent about repairs or says something different this cannot override the law.
Although hazards may result, because a property is in need of repair, in general, the council cannot directly get involved and force a landlord to comply with the repairing obligations.
You will need to go to the county court for that and to make any claim against the landlord for disrepair.
You should note the landlord is not required to carry out repairs where you or your family have caused the damage.
However, a landlord has a right to carry out repairs and you must allow access.
You cannot be charged for the repairs unless you caused the damage."
Section 11 of the Landlord and Tenant Act 1985
According to Section 11 of the Landlord and Tenant Act 1985, the landlord is always responsible for repairs to:
- The property’s structure and exterior
- Basins, sinks, baths and other sanitary fittings including pipes and drains
- The heating and hot water
- All gas appliances, pipes, flues and ventilation
- Electrical wiring
- Any damage caused by attempting repairs
Resources
For a complete list of all resources referred to and noted in this Guide, please see below:
- RLA – Residential Landlords Association
- Gov.uk - Private Renting- Your Rights & Responsibilities
- NICEIC – Regulatory Body For Electrical Contractors
- The Gas Safe Register - Gas Safe Register
- The National Grid - National Grid
- NHS – Carbon Monoxide Poisoning
- Gov.uk – Tenants Safer Under New Measures
- Electrical Safety First – Advice for Landlords
- Electrical Safety First – Periodic Inspections Explained
- Gov.uk – Renting a HMO
- Gov.uk (pdf) – How To Rent A Safe Home
I live in accommodation of a building. My situation is:
– The temperature in my studio is consistently above 30 degrees (i.e. my basic complaint is that it is too warm)
– There are no opening windows.
– The door to leave my flat opens into a corridor on the second floor which is much hotter than my room (+ no opening windows in the corridor) and the doors at the end of the corridor are not close to my room anyhow (and they’re fire doors so do not want to prop open)
– There is a ventilation system in my room but that does not work (I have complained and was told it will take “months” for parts to arrive to fix it)
Is there anything I can do as this is getting close to physically unbearable. I also found that there is no rules and regulations regarding maximum temperature in housing? Obviously, this also has side effects of food going off quicker/melting.
Hi Demi, sorry to hear this. A good next step would be to speak to the housing officer for your local council, even if the property is private rented, they will be able to ensure any maintenance works are carried out by liaising with your landlord
Hope that helps
Hi Demi, As Robert notes, local council is the starting point. You must have means of ventilation and in the UK that is also the main means of rejecting heat. If there is no means of purge ventilation (openable window, or fan to achieve the same air flow rate) then the dwelling does not meet the Building Regulations.
Approach council and request an HHSRS survey which will pick these items up and allow action to be taken to enforce the landlord to repair, replace, make good, etc.
Regards
I live in an HMO of five rooms of lisburn road belfast. In my front ground floor room the double glazing window of which four should open do not open as there is no keys to open them. Was like this when I moved bed in. The landlord/ agent is not fixing the problem and I have no fresh air coming in unless I open room door in which case have no privacy. Also if there is a fire outside my room I would have to jump through the double glazed window. What can I do if they refuse to fix it so I can open the windows.
Hi Will,
If you speak to the housing officer of your local council they should be able to help, in some councils it may be the environmental health officer, that should be able to assist
Hi
I’ve been living in a rented flat/apartment through a letting agency for just under 3 months, in a building consisting of 4 flats…All owned by different people.
Had a random check from council on building regulations and basically failed on fire regulations (main one being ceiling material).
Work full time, single parent and been informed I have to move out in 28 days……
1. Should letting agency have checked fire regs.
2. Do council have to help with rehousing.
Any help would be very appricated!!
Hi Josef, sorry to hear this, have the council offered any support with housing or has your letting agent offering support with looking at new properties for you ? Based on what you suggested it looks like a schedule of work is needed on the property, so I appreciate it is not ideal but it sounds like moving in the short term is indeed required.
Hi
I moved into a property last year it as got some really old signal glazed windows they aren’t safe as last year one fell out what can I do please
Hi Deborah, in the first instance we would say to speak to your landlord or letting agent or housing association (whoever is managing your property) and ask them if they can replace any unsafe windows. If you don’t get a positive response there then the next step would be to call your local council housing officer to see if they can help by liaising with the company that manages your property to fix it
Hi my landlord knew of a leak in the master bedroom for months I called him up left a message and normally he would come do nothing and go today the leak gets into the electric I do as always but this time nothing I’m disabled aswell I depend on heat and electric ( combination boiler so no heating) is my landlord braking our tenancy agreement for putting me at risk by not acting on the leak at all?
Hi Ann-Marie, this sounds like it needs fixing asap, if your landlord is not getting the works done then your next step would be to contact your local council housing officer and see if they can assist, on instances they can arrange for the works to be done or they can liaise with your landlord to fix the issues. Hope that helps
Hi I own my flat in a retirement block the management are now saying that we are no longer allowed to store garden chairs shopping trolleys or walking aids under the communal stairs, is this a new law and is this legal or just something someone has decided is a danger it is not in the path of any of the four tenants in the block thank you
Hi Valerie, we’re not aware of a new law specifically relating to this however it may be in relation to security, fire safety, access to key areas or a policy for the building for some other reason. If you ask the management company the reason behind the decision that should hopefully shed some more light on it for you. All the best
Hi, is there a lawful requirement for double glazing whilst living on a multiple public service route? Tried all over the internet but no info shows regarding this. My single glazing has repeatedly cracked with a result of heavy traffic (buses).
Hi Lee, have you flagged this with your landlord / letting agent to see if they can resolve for you?
Hi in need of some advice please. I have been renting a property for the past 3 year and I have mould where my dryer is and a little under the stairs and around the windows. I was told my by my landlord just to open the windows to air them out but I find it to cold. Can I call health & safety and complain about the mould ?
Hi Elaine, were not a tenants advice service so can’t comment directly on specific cases I’m afraid, but hopefully can point you in the right direction.
The council will have a housing officer that can help if works are needed at a property and the landlord or letting agents aren’t being responsive.
Mould though can sometimes be a very common problem and caused by moisture build up in areas where temperature is very cold and/or ventilation is poor, hence opening windows or adding vents can help moisture escape but can still be cold in the property and not ideal.
Here is a link that might help – https://www.which.co.uk/reviews/damp/article/dealing-with-damp/how-to-stop-condensation
You can also get simple solutions that trap or vent excess moisture from the air which can help also
Hope you get it resolved
Hi ,
I was recently advised that it is essential for a landlord to ensure there is a door for every bedroom in the property,
My apartment is sorted over 2 floors, the top floor is a loft converted bedroom with no door either at the top or bottom of the stairs ..
Does anybody know the if there is a particular law for this?
Thanks
Hi Jordan,
Fire safety will be guided by a body called LACORS, here is a link for you – https://www.rla.org.uk/landlord/guides/housing_act/lacors_fire_safety.shtml
There are specific requirements with fire safety and there are also often cases more unusual or unique real-life use cases, so it would be best to discuss with your local council housing officer and see if they can advise on what is required
All the best
A friend of mine is due to move into her house on Friday.
It’s unlivable. The floor is uneven, it’s concrete floors no carpets. The walls have wallpaper ripped off half and half.
It’s an absolute state.
She works 30 hours. Is a single mum. Is she entitled to anything??
Hi Jayne,
There are requirements for properties to be fit and habitable, I’m not sure if the property and your friends situation is with a letting agent, private landlord, housing association or direct with a council, so I would say the first stage would be to speak to the agent managing the property for your friend to see if they can resolve the issues. The next stage would be to speak to the local council housing officer if you need to as they can liase with the parties to get any key problems resolved
Hope that helps
Hi I want if you can give me some advice.
A tenant broke broken shower screen, Which was replaced, even though the tenants claims they don’t know how it happened. It was replaced with a similar bath screen, however it was 150mm wider (dia- H 1380 x W 850mm) old screen (dia H 1380 x W 700mm), The work was carried out in March of last year.
The tenant has now raised a issue that they don’t have enough space to get in and out of the bathroom to use the shower, the space between the edge of the shower screen and wall is 2ft and 2in, however the tenant climbs the slope of the bath is Impeding there access in and out of the bath.
The tenants claims the shower bath screen needs to be replaced as this a Health and safety issue.
I would appreciate your opinion on this matter.
Kind Regards
Clifton
Hi Clifton,
It’s not something we can give direct advice on i’m afraid,
If you check the health and safety regulations I don’t know if that would give specific advice on that situation, what you might find is it’s down to what is deemed safe, it’s not something you want to fix after a possible injury has occurred, getting confirmation by a local council housing officer could be a good option or make a judgement call.
If it is un-safe then you would need to replace it with a smaller shower screen that allows easy access
If the tenant has raised it as a concern then it needs looking at
Sorry we couldn’t help further