There is a growing problem in the private rented sector which is not being properly discussed. Most property investors are not deliberately setting out to break the law. They obtain gas certificates, EICRs, use letting agents, instruct contractors and repair properties. Those operating HMOs apply for licences, install fire doors, and spend substantial sums trying to comply. Yet landlords are still walking into enforcement. Why?

The problem is no longer whether a landlord has “done compliance”, but whether the property, its occupation, management, licensing, fire precautions, condition and the evidence all fit together.

Increasingly, they do not. The gap between what an investor believes has been done and what can be evidenced is where enforcement starts.

Compliance is not a collection of certificates
One dangerous assumption is that compliance can be reduced to a checklist. Gas safety certificate? Tick. EICR? Tick. EPC? Tick. Deposit protected? Tick. Fire risk assessment? Tick. Licence application submitted? Tick. 

These do not establish legal compliance.

Having a fire risk assessment is not enough. Was it sufficient for the property? Were recommendations implemented? Are fire doors maintained, escape routes clear? Has occupation or room use changed? Is the alarm system tested? Can this be evidenced?

Repeatedly landlords believe getting a fire risk assessment is enough. If work was identified, it must be completed, evidenced and kept under review. A document is not compliance.