Landlord Gas Safety
by Trevor Harris
Posted in news on Jun 10, 2019
At Harris Heating we work with many landlords to issue gas safety certificates. We ensure the landlords understand the law surrounding gas safety for tenants.
As a landlord you must ensure you know your responsibilities to your tenants safety when it comes to gas safety. These laws were put in place to protect tenants.
Your legal duty applies to all leased and licensed properties including -
- Residential premises provided for rent by local authorities, housing associations, private sector landlords, co-operatives, hostels.
- Rooms, let in bed-sit accommodation, private households, bed and breakfast accommodation and hotels.
- Rented holiday accommodation such as chalets, cottages, flats, caravans and narrow boats on inland waterways.
The Gas Safety (Installation and Use) Regulations 1998 outline the duties of landlords to ensure gas appliances, fittings and chimneys/flues provided for tenants are safe.
Gas safe has stipulated the UK laws relating to your responsibilities as follows
- Maintenance: gas pipework, appliances and chimney/flues need to be maintained in a safe condition. Gas appliances should be serviced in accordance with the frequency given in the manufacturer’s instructions. If these are not available, annual servicing is recommended unless advised otherwise by a Gas Safe registered engineer. Any gas appliances owned by tenants are not the landlord’s responsibility, however the connecting pipework and flue (if not solely connected to the tenant’s appliance) remains the responsibility of the landlord to maintain.
- Gas safety checks: gas appliances and flues must be safety checked annually by a qualified Gas Safe registered engineer. New regulations introduced in April 2018 allow a landlord to arrange for a gas safety check to be carried out any time from 10-12 calendar months after the previous check whilst still preserving the original check expiry date. Where a gas safety check is carried out less than 10 months or more than 12 months after the previous gas safety check this will have the effect of ‘resetting the clock’ and the new deadline date will now be 12 months from the date of this latest gas safety check. Landlords are not responsible for safety checks on gas appliances owned by the tenant or any flues that solely connects to tenants own gas appliances.
- Record: a record of the annual gas safety check should be provided to your existing tenants within 28 days of completion, or to new tenants upon the start of their tenancy. If the rental period is less than 28 days at a time you may display a copy of the record in a prominent position within the dwelling. You’ll need to keep copies of the record for at least 2 years. If you have benefited from the new regulations allowing flexibility in timing of gas safety checks, records must be kept until two further gas safety checks have been carried out.
Often landlords believe the tenant is responsible for the boiler service, however the landlord is responsible for servicing the boiler. The Landlord and Tenant Act (1985) requires that landlords keep in good repair and working order installations that supply water, gas, and electricity, as well as sanitation systems. In the same way, landlords are also responsible for space heating and water heating systems.
However, tenants generally assume responsibility for daily maintenance such as keeping the heating running when necessary, and for reporting problems.
The only exception to the landlord’s responsibility for boilers is when damage has been caused specifically by the tenant, through mistreatment of the equipment.
Landlords are required to take action to repair any problems quickly, as the absence of hot water or heating constitutes a hazard under the law.
These rules apply to all let agreements, including short term lets varying from one night upwards.
It is imperative tenants allow us to enter the property to issue certificates when we are arranged to attend, and that the appointment is organised in advance to ensure the previous certificate doesn't expire. How ever some times tenants will not allow us in the property, in this event you would need to seek legal advise. Unfortunately we are unable to cut the gas to the property, which some landlords also believe is allowed.
Many times tenants don't want to lose a days holiday to wait in for us, which is why we offer Saturday appointments.
We understand there are a lot of responsibilities mentioned in his blog, how ever we offer our Landlord Club which can ease your worries of ensuring all these guidelines are met
We would notify you when the gas safety check is due, and also be on hand for any eventuality within your rental property.
For more information follow this link Landlord Heating Club