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Does the Health & Safety Act Apply?

Does the Health & Safety Act apply to my residential rental property?

Yes. The Health and Safety at Work Act applies to all business activities.

Residential rentals are a business, and so the HSWA applies, and as landlords (and their property managers) are in control of those premises they become a Person in Charge of a Business or Undertaking (PCBU) under the Act.

However, the Act only applies to a residential rental property while it is a place of work.  Most of the time your rental is a home, not a place of work, and in those instances there will be no HSWA obligations on the landlord.

For example, if a carpet in your rental has a hole in it and your tenant trips over that hole, the Act is not breached in this instance.  If you employ/engage someone to enter onto your premises to repair that whole, the Act will apply from the time the work starts until the time the work finishes.  So if during the repair your tenant is to trip over a piece of repair equipment then the Act will apply.

Want to find out the best steps to ensure the tradespeople visiting your rental property comply with the HSWA and what your obligations are?

Please join us at our community Landlord Information evening on July 5th.

For more information and to register, click here.

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