Risk Assessment - Private Landlords

Jul 6th, 2020

Navigating the minefield of assessing hazards and risks in a private rented property can be daunting to the best of us.

Here's a great guide that I have found to assist landlords who wish to risk assess their property themselves.

For those who don't, there's always Norman Galloway Lettings, who are HHSRS qualified.

Risk Assessment

The following guide is from the RLA and is to assist landlords who wish to risk assess their property themselves.

"The guide will be periodically updated. Landlords should ensure that they are using the current edition. All updated versions will be re-dated.

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 occupations (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:

Hazard

Vulnerable Group

Asbestos

Biocides

Carbon Monoxide

The Elderly

Collision and Entrapment

Crowding and Space

Damp & Mould Growth

The Young

Domestic Hygiene

Electrical Hazards

The Young

Entry by Intruders

Position & Operability of Amenities

The Elderly

Excess Cold

The Elderly

Excess Heat

The Elderly

Explosions

Falls in Baths

The Elderly

Falls Between Levels

The Young

Falls on the Level

The Elderly

Falls on Stairs

The Elderly

Fire

The Elderly

Food Safety

Hot Surfaces

The Young

Lead

The Young

Lighting

Noise

Personal Hygiene

The Young

Radiation (Radon Gas)

The Elderly

Structural Collapse

Uncombusted Gas Fuel

Volatile Organic Compounds

Water Supply

Step 3 - Property Survey

Inspect your property to identify whether or not 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 the property over a 12 month period, and the potential severity of that harm.

In the Description of Hazards on page 6 onwards, 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).

Click here for a worked example of a risk assessment

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, take into account 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 a 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 taken into account 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."

Whether you decide to go it alone and manage your own property/ies or employ the services of a professional, the fact remains, that all landlords have much to consider and act upon.

Being a landlord in the private rented sector is not for the faint-hearted and is not, as some may believe an easy job. Many landlords are hugely professional and work tirelessly to provide a much-needed service to tenants. This is an essential service that I personally feel can get undervalued. With the significant investment of; time, money, and knowledge very often being taken for granted or not considered at all.

I applaud those great landlords who work hard to do the right thing, and very often receive very little thanks - and in some cases, worse, no rent.

Diane Bialek

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