Current Private Rented Sector Legal Requirements in England, Scotland & Wales

Home Safety Requirement Private Rented Homes

Mandatory Electrical Safety checks are carried out and retain a certificate from the person conducting that test, specifying the results of the test.

England: No [1] (see resources)

Landlord and Tenant Act 1985

Landlords are required to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity. There is currently no requirement for regular checks.


Wales: No [2] (see resources)

Landlord and Tenant Act 1985

Landlords are required to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity. There is currently no requirement for regular checks.


Scotland: Yes [3] (see resources)

Housing (Scotland) Act 2006

From 1st December 2015, private landlords are responsible for ensuring that an electrical safety inspection with a Electrical Installation Condition Report (EICR) of their property to be carried out by a registered electrician at least every five years. This covers any installations in the property for the supply of electricity, electrical fixtures and fittings and any appliances provided by the landlord under the tenancy.

If the property has a gas appliance, an annual test certificate, by a recognised engineer, is required.

England: Yes [5] (see resources)

The Gas Safety (Installation and Use) Regulations 1998

Landlords must ensure that each appliance and the flue to which their duty to maintain fittings in a safe condition extends is checked for safety within 12 months of being installed and at intervals of not more than 12 months since it was last checked for safety. No person shall carry out any work in relation to a gas storage vessel unless he is competent to do so.


Wales: Yes [6] (see resources)

The Gas Safety (Installation and Use) Regulations 1998

Landlords must ensure that each appliance and the flue to which their duty to maintain fittings in a safe condition extends is checked for safety within 12 months of being installed and at intervals of not more than 12 months since it was last checked for safety. No person shall carry out any work in relation to a gas storage vessel unless he is competent to do so.


Scotland: Yes [7] (see resources)

The Gas Safety (Installation and Use) Regulations 1998

Landlords must ensure that each appliance and the flue to which their duty to maintain fittings in a safe condition extends is checked for safety within 12 months of being installed and at intervals of not more than 12 months since it was last checked for safety. No person shall carry out any work in relation to a gas storage vessel unless he is competent to do so.

If the property has a gas appliance, an annual test certificate, by a recognised engineer, is required.

England: Yes [8] (see resources), when a solid fuel burning appliance is in situ.

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

Landlords must, when their premises are occupied ensure a carbon monoxide alarm is equipped in any room of the premises which is wholly or partly as living accommodation and contains a solid fuel burning combustion appliance; and ensure that checks are made by or date the tenancy begins.


Wales: Yes, where a new or replacement fixed solid fuel appliance is installed, otherwise no [9] (see resources)

Part J of the Building Regulations

Where a new or replacement fixed solid fuel appliance is installed in a dwelling, a carbon monoxide alarm should be provided in the room where the appliance is located.

As of October 2015, landlords must ensure a carbon monoxide alarm is equipped in any room of the premises which is wholly or partly used as living accommodations and contains a solid fuel burning combustion appliance. All carbon monoxide alarms should also be checked prior to a new tenancy.


Scotland: Yes, if a new or replacement boiler or heating appliance is fitted. [10][11] (see resources) from December 1st 2015, private landlords must ensure that a detection system is installed in all dwellings they rent where a fixed combustion appliance is present in the property or in an interconnected space (such as a garage). [12] (see resources)

Scottish Building Regulations

Carbon monoxide alarms must be fitted when a new or replacement boiler or other heating appliance is to be installed in a dwelling and other buildings with bedrooms.

As of October 2015, landlords must ensure a carbon monoxide alarm is equipped in any room of the premises which is wholly or partly used as living accommodations and contains a solid fuel burning combustion appliance. All carbon monoxide alarms should also be checked prior to a new tenancy.

Mandatory fire detection devices in homes.

England: Yes [13] (see resources)

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015

Landlords must, if their tenancy commenced after 1st October 2015, ensure a smoke alarm is equipped on each storey of the premises on which there is a room used wholly or partly used as living accommodation and ensure that checks are made by or on behalf of the landlord to ensure that each prescribed alarm is in proper working order on the day the tenancy begins if it is a new tenancy.


Wales: No. [14] (see resources) However, requirements apply to homes built after 1992 and extensions- see below for details.

Part B of the Building Regulations

All new dwellinghouses should be provided with a mains-powered, inter-linked smoke detectors/alarms system in accordance with the relevant recommendations of BS 5839-6:2004 to at least a Grade D Category LD3 standard.

Where new habitable rooms are provided in an existing property above the ground floor level, or where they are provided at ground floor level and there is no final exit from the new room, a fire detection and fire alarm system should also be installed.


Scotland: Yes [15] (see resources)

Scottish Building Regulations: Technical Hand Book (Domestic), Fire

In order to provide a fire detection and fire alarm system that should alert occupants to the outbreak of fire, a Grade D system should be installed in all dwellings.

As of 1st September 2014, landlords must have at least: [23] (see resources)

  • One functioning smoke alarm in the room which is frequently used by the occupants for general daytime living purposes.
  • One functioning smoke alarm in every circulation space, such as hallways and landings.
  • One heat alarm in every kitchen.
  • All alarms should be interlinked.

Legionella risk assessment.

England: Yes [16][17][18][19] (see resources)

The Control of Substances Hazardous to Health Regulations 2002

Every employer shall ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.
NB: This provision applies to landlords via a condition of the Health and Safety at Work etc. Act 1974.

Landlords have a duty to carry out a full risk assessment on their properties, checking for conditions that can encourage the spread of Legionella, and subsequently mitigating or controlling such conditions.


Wales: Yes [20][21] (see resources)

The Control of Substances Hazardous to Health Regulations 2002

Every employer shall ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.
NB: This provision applies to landlords via a condition of the Health and Safety at Work etc. Act 1974.

Landlords have a duty to carry out a full risk assessment on their properties, checking for conditions that can encourage the spread of Legionella, and subsequently mitigating or controlling such conditions.


Scotland: Yes [22] (see resources)

The Control of Substances Hazardous to Health Regulations 2002

Every employer shall ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.
NB: This provision applies to landlords via a condition of the Health and Safety at Work etc. Act 1974.

Landlords have a duty to carry out a full risk assessment on their properties, checking for conditions that can encourage the spread of Legionella, and subsequently mitigating or controlling such conditions.

Note Issue Region Link
1 Electrical England www.legislation.gov.uk/ukpga/1985/70/section/11
2 Electrical Wales www.legislation.gov.uk/ukpga/1985/70/section/11
3 Electrical Scotland www.legislation.gov.uk/ukpga/2016/22/pdfs/ukpga_20160022_en.pdf
5 Gas England www.legislation.gov.uk/uksi/1998/2451/regulation/36/made
6 Gas Wales www.legislation.gov.uk/uksi/1998/2451/regulation/36/made
7 Gas Scotland www.gov.scot/Topics/Built-Environment/Housing/privaterent/landlords/physical/raiseyourgame/gassafety
8 Carbon Monoxide Alarm England www.legislation.gov.uk/ukdsi/2015/9780111133439/pdfs/ukdsi_9780111133439_en
9 Carbon Monoxide Alarm Wales www.planningportal.gov.uk/uploads/br/BR_PDF_AD_J_2010_V2
10 Carbon Monoxide Alarm Scotland www.bbc.co.uk/news/uk-scotland-23580248 on or after 1st Oct 2015
11 Carbon Monoxide Alarm Scotland news.scotland.gov.uk/News/Law-change-to-tackle-silent-killer
12 Carbon Monoxide Alarm Scotland www.scottishlandlords.com/LinkClick
13 Smoke Alarm England www.legislation.gov.uk/ukdsi/2015/9780111133439/pdfs/ukdsi_9780111133439_en
14 Smoke Alarm Wales www.planningportal.gov.uk/uploads/br/BR_PDF_AD_B1_2013
15 Smoke Alarm Scotland www.gov.scot/Resource/0047/00478105
23 Smoke Alarm Scotland www.prhpscotland.gov.uk/
16 Legionnaires England www.hse.gov.uk/legionnaires/faqs
17 Legionnaires England www.legislation.gov.uk/uksi/2002/2677/contents/made
18 Legionnaires England www.legislation.gov.uk/ukpga/1974/37/contents
19 Legionnaires England www.hse.gov.uk/pubns/priced/l8
20 Legionnaires Wales www.hse.gov.uk/legionnaires/faqs.htm
21 Legionnaires Wales www.scottishwater.co.uk/business/our-services/scottish-water-scientific/scientific-services/legionella
22 Legionnaires Scotland www.legislation.gov.uk/uksi