Annex E - Fixtures, fittings and appliances provided by the landlord
E.1 The Housing (Scotland) Act 2006 section 13 (1)(d) requires that any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order.
E.2 The age of the various fittings in the bathroom and the kitchen and other areas is not the most important factor. It is condition of the fittings that matters: they need to be fit for use. The condition of the bathroom and kitchen are likely to deteriorate with age, and will need to be replaced when no longer fit for purpose.
E.3 Electric, gas and other types of fitting for providing heat and power to the house must be safe to use. See annexes D.2 to D.4.
E.4 The landlord is not required to provide appliances but when determining whether the privately rented house meets the standard of repair required by section 13(1d) the landlord must ensure any appliances provided are in reasonable condition and working properly.
E.5 Where appliances of any sort are provided by the landlord, tenants should always be told to read and follow the equipment manufacturer's instructions, if these are available.
E.6 If the landlord has provided any electrical appliances, they must organise regular portable appliance testing (PAT), see paragraphs D.74 to D.84 of this guidance.
E.7 Before providing portable electrical appliances to tenants, a landlord should check that each appliance has at least the CE Mark, which is the product manufacturer's claim that it meets all the requirements of European Union legislation. Appliances with additional safety marks, such as the British Standard Kitemark or the BEAB Approved Mark tend to provide greater assurance of electrical safety. The landlord must verify that any secondhand equipment is safe. This will require relevant inspection and testing to be carried out.
E.8 Care should also be taken to avoid counterfeit electrical products. Counterfeit electrical goods almost always contain incorrect or faulty parts that can overheat or break just days after purchase, increasing the risk of fire or electric shock. If electrical products are purchased online follow the advice given by Electrical Safety First at Don't Be Electricked - Electrical Safety First.
E.9 Landlords and tenants should also regularly check that any electrical appliances in the house are not subject to any current product recall notices or safety alerts. A significant number of recalls for electrical appliances occur because the items are at risk of catching fire or causing electrocution. It is good practice to register products at the address of the landlord or the letting agent to ensure that recall paperwork is actioned. Alternatively, landlords can check a free list of products that have recently been recalled by manufacturers which is provided by Electrical Safety First and is available free online at: Product Recalls & Safety Notices - Electrical Safety First.
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