LANDLORDS
As a landlord, you are responsible for the safety of your tenants. The Gas Safety (Installation and Use) Regulations 1998 specifically deal with the duties of landlords to ensure that gas appliances, fittings and flues provided for tenants' use are safe.
In general, a landlord's gas safety duties apply to appliances and flues in "relevant premises" - residential properties occupied for residential purposes under either a licence, a tenancy agreement for a set term, or a lease. Essentially any lease of under seven years is covered.
Remember, safety checks are not only part of your legal requirements, they ensure that appliances are working correctly and guard against the dangers of carbon monoxide.
Landlords who have breached the gas safety laws and put lives at risk have faced tough sentencing recently in the courts. Their punishment sends a clear warning to anyone tempted to break the law and is undoubtedly helping crack down on illegal gas work.
CP12's
As a landlord, you have a duty to ensure:
Gas fittings (appliances, pipework) and flues are maintained in a safe condition
All installation, maintenance and safety checks are carried out by a CORGI-registered gas installer
An annual safety check is carried out on each gas appliance/flue by a CORGI-registered gas installer. Checks need to have taken place within one year of the start of the tenancy/lease date, unless the appliances have been installed for less than 12 months, in which case they should be checked within 12 months of their installation date.
A record of each safety check is kept for two years
A copy of the current safety check record, which can be either a CORGI Landlord's Gas Safety Record or something similar, is issued to each existing tenant within 28 days of the check being completed, or to any new tenant before they move in (in certain cases, such as holiday property, the record can be displayed).
Please note: An appliance service inspection will not necessarily meet the information recording requirements of a landlord's annual safety check, nor will the annual safety check be sufficient to provide effective maintenance. Always ask the advice of a CORGI-registered gas installer.
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Questions and Answers
Q: Can I ask tenants to be responsible for these duties?
A: No.
Q: What happens if I use a managing agent?
A: You need to ensure that the management contract clearly specifies who is responsible for making sure that maintenance and safety check obligations are met and records kept.
Q: What if property is sub-let?
A: The "original" landlord may retain duties which overlap with those acquired by the person who sub-lets. In such cases, close co-operation and clear allocation of duties is essential to ensure that legal duties are fully met, and that the terms of the contract properly assures tenants' safety.
Q: How should I gain access to the property?
A: The contract you draw up with the tenant should allow you reasonable access for any maintenance or safety check work to be carried out. You should take "all reasonable steps" to ensure gas safety work is carried out, and this may involve giving written notice to a tenant requesting access, and explaining the reason. Keep a record of any action, in case a tenant refuses access and you have to demonstrate what steps have been taken. If a tenant continues to refuse access after repeated contacts, you many need to consider proper action through the courts, but do not use force to gain entry to the property.
Q: How do I know whether the gas installer is CORGI-registered?
A: Before allowing anyone onto your property, ask to see their CORGI identification (ID) card. The card tells you all you need to know about the installer (and their employees) you are going to use. The front shows the operative's photograph, name, trading title, CORGI registration number and card expiry date. The reverse lists the areas of gas work the holder is competent to carry out, with certificate expiry dates next to each entry if they expire before the card does. If you wish to check the validity of the card, call the number upon it (01256 372499) or use our on-line validation service.
Q: Which equipment should be checked?
A: The maintenance and safety check requirements generally apply to any gas fittings or flue installed in the "relevant premises" except:
Any appliance owned by the tenant
Flues/chimneys solely connected to an appliance owned by the tenant
Any gas appliances (such as gas fires provided for customers in non-residential areas of public houses) that are exclusively used in a part of the premises occupied for non-residential purposes.
Please note that any appliances and flues serving "relevant premises" (such as heating boilers not installed in tenants' accommodation but used to heat a number of premises) are covered.
The duty to maintain and arrange safety checks also applies to portable appliances such as LPG cabinet heaters.
Q: What if the appliance fails the safety check?
A: The safety check record will contain details of any defect identified and any remedial action taken at that time. You should ensure you use a CORGI-registered installer to rectify the defects. It is an offence to use, or allow the use of, a gas appliance you know to be unsafe. Do not reconnect an appliance that you have been told is unsafe, or which has either been isolated or disconnected for safety reasons.
Q: What action do I take in the event of a gas escape?
A: If you smell gas, or suspect there is a gas escape, you should immediately shut off the gas supply at the meter, open windows, extinguish naked flames, do not use electrical switches and notify the Gas Emergency Freephone Number: 0800 111 999.
If you provide liquefied petroleum gas (LPG) for use by a tenant in premises other than a building (e.g. a caravan or holiday park home) you must discuss emergency arrangements with you LPG supplier and agree what action to take in case of a gas escape or emission of carbon monoxide from any LPG appliance.
Q: What happens if I don't maintain my tenants' gas appliances?
A: Failure to ensure gas appliances are maintained could result in the loss of life. Recent high profile prosecutions of landlords who have breached the gas safety laws have highlighted the issue of tenant safety. Prosecution could result in you facing a maximum penalty of £5,000 for each offence. If the case is referred to the Crown Court, the maximum penalty may be an unlimited fine or even imprisonment.