List of Circumstances

You're currently viewing the list of circumstances that can arise and what you need to make sure does not occur in your property when a contract holder is renting.

Under Section 91 the landlord must keep the property in repair (originally already required).

This extends to: The structure and exterior of the property (including drains, gutters and external pipes), and

The service installations for the property

The landlord must still keep the dwelling in repair at all times, although there may be instances where a landlord may not have knowledge of the need for a repair. When the landlord is made aware that a repair is needed, they must be carried out in reasonable time and to a good standard. The landlord must not place any obligation on the contract-holder regarding the repairs.

During the length of the occupation contract the landlord must ensure that the below matters and circumstances do not arise.

There are 29 matters and circumstances listed which can be a lot to read so here is a clear view of everything:

1. Damp and mould growth 

Including:

- House dust mites

- Mould or fungal growth

Both are caused by dampness and/or high humidity.

What are causes of dust mites or mould and fungal growth?

Dampness is the cause of both of these. Ensure you increase ventilation and decrease the humidity levels of the house.

Potential landlord actions

- Damp proof courses, membranes and detailing around doors and window openings

- Keep external fabric in good repair

- Get frost protection for pipes and tanks

- Ensure baths and sinks are properly installed with correct drainage

- Ensure rainwater goods are installed correctly

- Have a well ventilated roof and under floor spaces

- Extraction of moisture in bathrooms and kitchens

- Low level background ventilation where required

2. Low temperatures

When the temperature drops below the satisfactory temperature for too long it can pose a risk that needs to be sorted.

What causes low temperatures?

- Changes in outdoor temperature

- Poor insulation work (or poorly fitted windows and doors)

- No suitable heating system that is in place

- Excessive damp

Potential landlord actions

- Get great thermal insulation

- An appropriate heating system that is maintained and safely installed

- Low-level background ventilation without too much heat loss/draughts

- Means for rapid ventilation at times of high moisture production in kitchen/bathrooms

- Properly fitted permanent openings

 3. High temperatures

As well as a property being too cold it can also be too hot.

What causes high temperatures?

- Ventilation issues

- Large areas of glazing that face south

- Faulty heating controls

Potential landlord actions

- Large areas of south facing glazing could include shuttering blinds to control heat in the summer

- Air conditioning for the hot summer months

- Controllable heating systems

4. Asbestos 

Mostly a problem in older properties built in the 50s and 60s. The exposure to asbestos fibres can pose a risk to the control holder living in the property and needs to be resolved.

Potential landlord actions

- Damaged or likely to be damaged asbestos assessed for repair, sealing, enclosure or removal.

- Existing asbestos can be managed in situ 

- Keep a record of asbestos location in the building

- Protecting it from any potential damage by occupants

5. Biocides

Biocides that may be present from mould growth or timber treatment can cause harm from inhalation, skin contact or swallowing.

Potential landlord actions

- Treatment of the property should be taken when uninhabited if possible.

6. Carbon monoxide and fuel combustion

These are linked with:

- Respiratory damage

- Aggravated asthma

- Increased risk of lung infection

- Bronchitis

- Aggravated asthma

Potential landlord actions

- Proper installation and maintenance of appliances that use gas/oil/solid fuel

- Adequate air supply for these installations

- Proper siting and connection with adequately sized flues

- Regular maintenance of flues, extractor fans and ventilation 

- Gas heating appliances to be fitted with flues for a correctly balanced flow of air inside and out

- Ventilated lobby between integral garage and living accommodation

- Properly maintained carbon monoxide detectors

7. Lead

There are two main sourced of lead around dwellings being water pipes and paint.

Potential landlord actions

- Get a specialised test done on the solder. Use a reputable plumber to check that there is a non leaded solder on the water system.

- Get your water tested for lead.

8. Radiation 

The main source of radiation usually found in properties is from radon gas. Radon is colourless and odourless which is formed by the radioactive decay of the small amounts of that occur naturally in all rocks and soils.

9. Uncombusted fuel gas

This hazard includes the threat of asphyxiation resulting from the escape of fuel gas into or around the property.

Potential landlord actions

- Ensure there are properly installed pressure regulators, meters and pipework.

- The installation should be regularly checked to ensure there are no leaks.

- Appliances should be properly designed and installed 

- Include gas detectors

10. Volatile organic compounds

Organic chemicals that are gaseous at room temperatures. Sources typically within the control of the landlord include

- particle board, chipboard and plywood

- paints, glues and solvents

- urea formaldehyde

Potential landlord actions

- Emissions of VOCs from building materials need to be minimised.

11. Crowding and space

This includes all hazards associated with lack of space and crowding and takes into account the need for privacy. It also looks at the effects of crowding on space requirements and storage for the property.

12. Entry by intruders

This includes keeping the property secure from unauthorised entry.

What causes entry by intruders?

- Poor lighting

- Doors and windows fitted improperly

- Lack of security chain

- Lack of entry phone system (if in a flat)

- Lack of burglar alarms

Potential landlord actions

- Include security systems

- Ensure the area is well-lit

- Include suitable spy holes in the property

13. Lighting

There can be a potential threat to mental health from lack of natural/artificial lighting 

Potential landlord actions

- There should be sufficient natural light to enable normal domestic tasks to be carried out

- Artificial lighting should be positioned to provide adequate light

 14. Noise

This includes threats to mental health from excessive noise

Potential landlord actions

- Double glazing and lobbies to external doors where there are high outside noise levels

- Possible triple glazing near sources of high noises

- Insulation of upper floor or roof space

- Bathrooms not sited above living rooms/bedrooms

15. Domestic hygiene, pests and refuse

This can lead to infection and is usually because of poorly a poorly designed layout of the property and inadequate storage for cleaning products. 

16. Food safety

Includes the threat of infection resulting from inadequate food storage facilities.

Potential landlord actions

- Suitable storage for food to slow down deterioration and decomposition 

- Facilities should be of adequate size for the number of occupants for hygienic storage of fresh foods

- There should be facilities for food cupboard , refrigerator and freezer

- Keep facilities cool and away from direct sunlight

17. Personal hygiene, sanitation and drainage

Includes any threats to mental health due to poor hygiene

Potential landlord actions

- Sufficient numbers of properly connected and fitted baths/showers

- Bathroom or shower room to have privacy 

- Sufficient number of suitably connected and sited wash hand basins for each dwelling

- Suitably connected and easily cleaned sinks

18. Water supply 

This is in regards to if there is enough water in the property for drinking, cooking, washing, cleaning and sanitisation

Potential landlord actions

- Water pipework and storage facilities provided and maintained

- Drinking water supply analysed and regularly sampled

- Plumbing systems need to meet requirements of Water Supply (Water Fittings) Regulations 1999

- Tanks covered in order to prevents contamination

19. Falls associate with baths

Falls that are associated with baths, showers or similar facilities

Potential landlord actions

Ensure there are no obstructions near the bath or shower and that it is fitted correctly

20. Falling on surfaces

Includes any falls on floors, yards and paths 

Potential landlord actions

Visual inspections to try and find trip hazards

21. Falling on stairs

Any fall that is associated with a change in the level of ground greater than 300m

22. Falling between levels

Includes a fall between two levels of the house where the change in level is greater then 300m

Potential landlord actions

Landlords should carry out visual inspections to minimise the likelihood of falling between levels

23. Electrical hazards

Include hazards from shock and burns because of exposure to electricity but not risks associated with fire caused by deficiencies to the electrical installations.

Potential landlord actions

- Electrical wiring meeting the latest requirements of the Institute of Engineering and Technological British Standard 

- Adequate number of appropriately sited electrical sockets

- Appropriately sited fuses and meters 

- Adequately earthed electrical system

- Installation of electrics maintained and in good repair

- Electrical installations to avoid being close to water

24. Fire 

Includes threats from fire and smoke caused by fire.

Potential landlord actions

- Safe sitting for cookers

- Properly designed heating

- Properly installed and maintained distribution board and wiring

- Fire and smoke permeable resistant materials in the design of the building if possible

- Adding fire stops to cavities 

- Smoke alarms properly designed and fitted

- Means of escape from all parts of the property

25. Flames, hot surfaces etc

This is related to injuries from:

- Burns

- Scalds from vapour

Potential landlord actions

- Design and layout of the kitchen designed and fitted correctly

- Protection to any open flame on a fire

- Surfaces should be covered if the temperature is more than 70 degrees

26. Collision and entrapment

Includes the threat of trapping body parts such as fingers in features such as doors or windows. 

Potential landlord actions

Landlords should conduct physical and visual inspections of the property to ensure there is a low risk of entrapment.

27. Explosions

Related to the threat from debris created by a blast or collapse of the building linked to an explosion.

Potential landlord actions

Landlords should conduct inspections to minimize the likelihood of an explosion occurring.

28. Position and operability of amenities

Includes the health risk associated with functional space and other features as well as physical strain.

29. Structural collapse and falling elements

Includes the threat of the property collapsing or other elements falling which could cause potential harm and put the general public at risk.

Potential landlord actions

Landlords can conduct physical inspections to prevent anything like this occurring.