should we do a safety check before exchange?Do we, as a registered social landlord, have a legal duty to carry out gas and / or electric checks at a property when someone is carrying out a mutual exchange? Although housing officers carry out a property inspection before a mutual exchange, for the electrics this is only a visual check, normally to look for over-enthusiastic DIY work. As the exchange is by way of assignment, the view is that the incoming person accepts the property in the condition found and assumes the responsibilities of the outgoing person. If we were to do these checks as good practice, there are then the practical issues such as at what stage the checks are made and who is responsible for repairs or upgrades?

Legally, gas installations have to be checked annually (Gas Safety (Installation and Use) Regulations 1998) and this applies to the property, not the tenant.

There is no statutory period for checking electrical systems but the Institute of Electrical Engineers has a code of practice that suggests once every five years.

When to check is a tricky question to answer. If the check is done before the outgoing person leaves, you don't know what that person will do or alter as they leave and what state it will be left in – so any electric check will be worthless. If done once the new person is in, the previous occupier won't be liable for any damage or alterations done as they have now assigned the tenancy.
JANE LOFTUS, information team leader for TPAS and chair, Family Housing Association, Manchester

There is no legal duty to carry out either gas or electricity tests before a mutual exchange. The assignment is between the tenants and the landlord's only involvement is in giving or refusing licence. However, as you say, there are good reasons for inspecting the property in that the outgoing tenant may have made unauthorised alterations, which you then have to repair or deal with when the new tenant moves in (or worse – there may be an accident involving the incoming tenant or their family).

From a legal perspective you can make recovery against the outgoing tenant for unauthorised alterations easier (in theory, anyway) by including in the licence to assign the tenancy a warranty from the outgoing tenant that they have complied with all their obligations under the tenancy and in particular have not made any unauthorised alterations to the property. However, enforcing such a warranty is another matter.
Nick Billingham, Partner and head of housing management litigation at law firm Devonshires

There is no need to have a new gas check done because a new tenant moves in, but you must give the new tenant a copy of the last annual gas safety check certificate.

I know of no equivalent regulations for electrical safety checks. I don't see why you should have to carry out a full check.

However, you have a duty as a landlord to ensure that the electrical and gas installations are in working order, so if you have tenants in a property where the electricity is not working you will be liable to do the repairs and for any damages they incur. It would not be a defence to say that the previous tenants caused the problem. So, allowing new tenants to move in without being happy that the gas and electrical installations are working could create a liability. You will have to decide if that is a risk you want to take.
Catherine Hand, Partner at solicitor Jenkins & Hand

The requirements of health and safety legislation are relevant and presumably the responsibility for the condition of the electrics remains with the RSL as landlord. If an inspection is made then the landlord has been "put on notice" about the condition and if any material defects are discovered surely these ought to be remedied? The RSL could presumably recoup certain costs (such as those arising from any DIY work) from the outgoing tenant and make this a condition of the mutual exchange (in other words, require payment before the exchange).
Dermot McRberts, executive director, Hacas Chapman Hendy

Source

Housing Today

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