Don’t Confuse the Duties of Landlords and Employers

SYT is primarily concerned with Housing Associations’ legal duties as ‘employers’. However, the main function of a Housing Association is to act as a ‘landlord’ and it is often easy to confuse the two in relation to H&S legislation.


This is particularly problematic where the same piece of legislation relates to both employers and landlords, e.g.

Topic Employers Duty Landlord’s Duty
Asbestos ‘Duty to manage’ risks to employees and contractors relating to asbestos in premises. This extends to ‘normal occupancy’ of workplaces and ‘works’ carried out on all premises (domestic and workplaces). Consideration of policy on surveying domestic premises, provision of information to tenants and rules for tenants on works within their own homes.
Gas Protection of employees and contractors relating to gas services and installations within workplaces. Annual Landlords’ gas safety checks in tenanted properties.
Legionella Risk assessment and implementation of control measures in relation to workplaces and works carried out by employees and contractors. Legionella risk assessment programme in tenanted properties. Consideration of policy on provision of information to tenants.
Fire Risk assessment of workplaces and protection of all persons who may be affected by workplace fires. Consideration of policy on risk assessing domestic premises and common areas, provision of information to tenants and rules for tenants on fire safety.


In many Housing Associations, these ‘facilities’ related topics are often managed by the estates/property departments and it is important to ensure that the employers’ duties are still recognised as being genuine employer-employee considerations.

Communication between departments is, therefore, key to ensuring that both landlords’ and employers’ duties are properly discharged.

SYT clients can obtain further information on this challenging topic through the helpline service.