Mark Elwell, managing director of Summit Environmental and an authority on asbestos, fire and legionella safety and risk management, outlines the critical responsibilities landlords face in 2025 and beyond.
Grabbing the headlines and leaseholders’ energies in 2025 will be the enforcement of the Building Safety Act 2022 (The Act), legislated as a result of the Grenfell Tower tragedy. However, enforcement action by the Health and Safety Executive (HSE) in 2024 provides a necessary reminder of the need for landlords to continue to be vigilant about other safety obligations, to ensure the safety of tenants and subcontractors, and to avoid the risk of fine or even prison.
The enforcement of the Building Safety Act 2022
With the Building Safety Regulator (BSR), established under The Act, aiming to have assessed 40% of occupied higher risk buildings (HRBs) by 2026, landlords can expect an ongoing focus on fire safety and cladding remediation in 2025.
The government is attempting to increase the pace of remediation for buildings with unsafe cladding under its Remediation Acceleration Plan, announced in December. Its aim is that by the end of 2029 all 18m+ (high-rise) buildings with unsafe cladding in a government-funded scheme will have been remediated. Furthermore, by the end of 2029, every 11m+ building with unsafe cladding will either have been remediated, have a date for completion, or the landlords will be liable for severe penalties.
Alongside this pressure to unblock the slow pace of remediation, there is an increased risk of litigation by leaseholders against landlords after the first Tribunal rulings in this area have provided clarity on how responsibilities under The Act are likely to be interpreted.
Leaseholders will be pushing for Remediation Orders and Remediation Contribution Orders to get landlords to carry out cladding remediation or to force them to meet some of the costs, respectively.
The dual pressures of government targets and the increased risk of leaseholder litigation means that pragmatic commercial landlords would be advised to take proactive measures to begin cladding remediation or to negotiate compromise solutions with leaseholders, alongside ensuring that they comply with the requirements of The Act.
Fire, gas and electrical safety obligations
With all the focus on leaseholder rights under the Building Safety Act 2022 and the Remediation Acceleration Plan, it could be tempting to focus all your attention on this. However, recent prosecutions show the importance for landlords to continue to be on top of more established building safety responsibilities.
Alongside the thorny and escalating issue of cladding remediation, fire safety remains a paramount concern. Fire door inspections have become increasingly important, especially in multi-occupancy buildings. The Fire Safety (England) Regulations 2022 introduced new requirements for landlords of high-rise buildings and HMOs, including providing clear information on fire door safety and evacuation routes.
While there are no specific new requirements for 2025, gas and electrical safety obligations remain crucial as ever. Landlords must continue to arrange annual gas safety checks by Gas Safe registered engineers and provide certificates to tenants within 28 days of inspection. Electrical Installation Condition Reports (EICRs) must continue to be conducted every five years.
Landlords who fail to fulfil their legal obligations run the risk of fines or even imprisonment. Last September, a landlord was given a suspended sentence of 26 weeks and electronically tagged for 4 months after putting the lives of her tenants at risk by not maintaining gas appliances at a property in Kent. Dawn Holliday, 62, refused to undertake gas safety checks even after the HSE took enforcement action against her.
Managing hazardous substances
In addition to these core responsibilities, landlords should pay special attention to the management of hazardous substances.
The recent £900,00 fine imposed on Sanctuary Housing highlights the severe consequences of neglecting the requirement to manage the risk of legionella responsibility. Landlords are required to conduct regular risk assessments and implement control measures to prevent the growth and spread of Legionella bacteria in water systems.
While much of the focus of the responsibilities of landlords is with respect to obligations towards tenants, there is also a duty towards contractors and tradespeople employed to renovate and maintain properties. Last March, company director Stephen Davies was jailed for eight months after failing to protect workers from exposure to asbestos at a student development project in Winchester. His co-director, Neil Barton, was given a four-month suspended sentence, with both defendants and their company, Cavendish Winchester Ltd, pleading guilty. The company itself was fined £30,000.
Ultimately, experts are forecasting a rise in property litigation in 2025 as the trend towards stricter safety standards continue and leaseholders take action to ensure unsafe cladding is replaced. By understanding your legal obligations, implementing robust safety measures and maintaining proper records, landlords can protect their tenants while safeguarding their investments against potential legal challenges.
Meet the expert
Mark Elwell is the founder and managing director of Summit Environmental Limited, leading experts in hazardous material sampling, remediation, consultancy and training, including asbestos, legionella and fire safety.
