Should Guernsey adopt more health and safety checks to protect tenants?

Thursday, April 26, 2012

Val Cameron, head of Environmental Health in Guernsey, has called for regular health & safety checks to protect tenants, improve living conditions and reduce the risk of injury from fire or electrocution.

Collas Crill property expert Michael Morris says:

"Tenants in Guernsey are not without protection now. There is a common law duty of care that landlords owe to their tenants and which should apply to Guernsey as it does in the UK. If the property is not safe and the tenant is harmed, then the landlord would be responsible and would face a civil action from the tenant.

"In the UK about 30 people die every year from carbon monoxide poisoning resulting from badly installed or poorly maintained gas appliances. There are approximately 30 deaths relating from electrics, with a further 4,000 accidents involving electricity. As a result, and in addition to the duty of care, legislation has been introduced which provides additional protections (and some responsibilities) to tenants.

What are the requirements in the UK?

"Landlords have a statutory duty to arrange an annual gas safety check by a Gas Safe Registered Engineer. A copy of that check must be given to the tenant on the grant of a new lease and also within 28 days of the safety check. A copy must also be retained by the landlord for a 2 year period. The gas safety check will ensure that all fittings and flues are maintained safely and that all appliances are safe and in good working order.

"There is currently no statutory requirement for an annual electrics check. However, this does not obviate the landlord from responsibility. The Landlord & Tenant Act 1985 (and a number of other laws) require that any electrical wiring and equipment is safe at the start of every tenancy and then maintained thereafter. It has become best practice for landlords to obtain a periodic inspection report before letting their properties, and is recommended that a periodic inspection report be obtained every 5 years or at least at the start of each new tenancy. The inspection should include checks to ensure that there are no broken or missing accessories, no accessible live parts, no signs of burning at accessories or electrical equipment and a manual test of any electrical appliances.

What are the consequences if a landlord fails to comply?

"There are severe penalties in theUK enforced by the Health & Safety Executive, if a landlord fails to comply with their duties.

"If the electrical system and / or appliances are unsafe, then the landlord has committed a criminal offence. In addition to (in all probability) invalidating their own buildings insurance the defaulting landlord may receive a fine of £5,000 and / or up to 6 months imprisonment. In addition, the landlord may face a claim for civil damages and if the failure to comply results in a death, manslaughter charges.

"If the gas safety regulations have not been complied with, then in addition to the civil claim and (in the event of a death) manslaughter charge, the guilty landlord will face an unlimited fine from the courts and an unlimited prison sentence.

Should Guernsey introduce similar legislation?

"On the whole, landlords in Guernsey do provide safe rental accommodation. It is important to have a sensible approach which balances protecting the safety of the tenant with the cost on the landlord (which would in all likelihood be passed on to the tenant in the form of higher rents). It would be disproportionate to have Environmental Health visiting each and every property being let.

"By following the UK position, compliance could be ensured without too great an inconvenience to local landlord. Whilst there is a cost of compliance, Val Cameron makes a fair point when she says 'you can't compare these costs with the loss of life'. "