|
Frequently Asked Questions
Have a plumbing or gas heating
question?
Who is a landlord?
In relation to domestic gas under the Gas Safety (Installation and Use)
Regulations 1998 (GS(IU)R 98), a landlord is anyone who rents out a
property that they own under a lease that is shorter than 7 years or
under a licence . Regardless of whether you are a landlord under
GS(IU)R 98 you may be considered a landlord under other related
legislation.
Landlords' duties apply to a wide range of accommodation, occupied
under a lease or licence , which includes, but not exclusively:
- residential premises provided for rent by local
authorities, housing associations, private sector landlords, housing
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.
What are my duties as a landlord in relation to gas safety?
As a landlord, you are responsible for the safety of your tenants. The
Gas Safety (Installation and Use) Regulations 1998 deal with landlords’
duties to make sure gas appliances, fittings and flues provided for
tenants are safe.
You are responsible for the maintenance and repair of
flues,appliances and pipework which you own and have provided for your
tenants use by a Gas Safe registered
engineer . Although there is no prescribed time frame for these duties,
good practice would be the demonstration of regular, annual maintenance
checks and subsequent repairs.
You are also responsible for ensuring an annual gas safety check
is carried out within 12 months of the installation of a new
appliance or flue which you provide and annually thereafter by a
Gas Safe Registered engineer. You must keep a record of the safety
check for 2 years and issue a copy to each existing tenant within 28
days of the check being completed and issue a copy to any new tenants
before they move in.
What are my duties as a letting/management agent in relation to gas safety?
Landlords who use agents to manage properties need to ensure that the
management contract clearly specifies who is responsible for carrying
out the maintenance and safety check duties, and keeping associated
records. If the contract specifies that the agent has responsibility
then the same duties under the Gas Safety (Installation and Use)
Regulations 1998 that apply to a landlord apply to you.
In this situation an agent must arrange maintenance by a Gas Safe
registered engineer link to external website[4] for all pipework,
appliances and flues, which the landlord owns and provides for the
tenants use. You must also arrange for an annual gas safety check to be
carried out every 12 months by a Gas Safe registered engineer. You must
keep a record of the safety check for 2 years and issue a copy to each
existing tenant within 28 days of the check being completed and issue a
copy to any new tenants before they move in.
What should I do if I suspect that an appliance is unsafe?
It is illegal for anyone to use a gas appliance if they suspect it is
unsafe. Turn the appliance off and do not touch it until it has been
checked by a Gas Safe registered engineer link to external website[5].
If you suspect there is a gas leak you should immediately do the following:
· Call National Grid's Gas Emergency Freephone number: 0800 111 999
· Open all the doors and windows
· Shut off the gas supply at the meter control valve (if you know where it is)
Back to top
Do I have to use a gas safe registered engineer to complete gas work?
Yes. The Gas Safety (Installation and Use) Regulations state that
landlords must only use a Gas Safe registered engineer link to external
website[6] for maintenance and safety checks on gas equipment they own
and provide for tenants use in domestic premises. HSE advises that you
check that the Gas Safe registered engineer is competent to work in
that specific area of gas. This is clearly marked on the back of the
engineer's Gas Safe Register registration card link to external
website[7].
Should I provide my tenants with a Carbon Monouxide (CO) alarm?
HSE strongly recommends the use of CO alarms as one useful precaution
to give tenants advance warning of CO in the property. Importantly
alarms should not be regarded as a replacement for regular maintenance
and safety checks by a Gas Safe registered engineer link to external
website[8]. CO alarms cost between £20-£30 and can be purchased in most
hardware shops. Before purchasing a CO alarm, always ensure it complies
with British Standard EN 50291 and carries a British or European
approval mark, such as a Kitemark. CO alarms should be installed and
maintained in line with the manufacturer's instructions.
What gas appliances do I have responsibilty for?
Any gas appliance that you own and provide for the tenant's use is
included in your legal duties. If a tenant has their own gas appliance
that you have not provided, then you have responsibilities for parts of
the associated installation and pipework but not for the actual
appliance.
There are some good practice measures that you could adopt with appliances that tenants own:
1. Send a reminder to the tenant that their
appliances should be serviced and checked for safety each year by a Gas
Safe registered link to external website[9], and where possible, offer
to include these (at reasonable cost) within gas safety maintenance
undertaken on your behalf.
2. At the start of the tenancy, advise the
tenant of any flues or chimneys that are unsuitable for the
installation of a gas appliance. You may also wish to consider
regulating the installation of any appliance by a tenant through the
conditions of the tenancy agreement.
3. It is also recommended to include all flues
(e.g. chimneys) connected to gas appliances within your landlord's gas
safety check, even where they do not serve appliances provided by the
landlord. This may also help to fulfil other legal duties under the
Health and Safety at Work etc. Act 1974.
What checks should be done between tenancies?
You must visually check the property to see if the departing tenant has
either removed appliances unsafely, or alternatively left behind their
own appliance, which should either be removed or checked for safety by
a Gas Safe registered engineer link to external website[10]. The
opportunity should be taken to clarify appliance ownership prior to
renting the property again.
If you suspect that an appliance could have been tampered with, or
there is the possibility of vandalism while a property remains empty,
then HSE recommends you arrange for another gas safety check to be
completed by a Gas Safe registered engineer before giving access to new
tenants.
Before you re-let the property you need to ensure that all appliances
are safe and have an up to date landlord's gas safety record (a copy of
which needs to be given to the new tenant); it is also good practice to
arrange for the pipework to be inspected and tested for soundness.
Back to top
How far do I have to go if the tenant prevents access for gas safety check?
A landlord has to show that they took all reasonable steps to comply
with the law. HSE recommends the following best practice in these
circumstances and strongly advises that a record be kept of all
correspondence with the tenants:
-
leave the tenant a
notice stating that an attempt was made to complete the gas safety
check and provide your contact details;
-
write to the tenant
explaining that a safety check is a legal requirement and that it is
for the tenants own safety. Give the tenant the opportunity to arrange
their own appointment;
-
HSE inspectors will
look for at least three attempts to complete the gas safety check,
including the above suggestions; however the approach will need to be
appropriate to each circumstance. It would ultimately be for a court to
decide if the action taken was reasonable depending upon the individual
circumstances.
-
It is a good idea to include arrangements for access in the tenancy agreement.
What should I do if my tenants heating and hot water has been turned off due to gas safety check or maintenance ?
If a gas appliance has been switched off by a Gas Safe registered
engineer it is because it is unsafe and
should not be used. No matter how inconvenient the situation is for the
tenant such action helps to ensure their safety. If a heating appliance
has been disconnected then you must provide your tenant with emergency
heating, for more information on this contact your local authority whilst arranging for appropriate remedial work
by a Gas Safe registered engineer.
My tenant shares the property in return for ‘rent’ (sub-letting)
As the original landlord you are still responsible for gas safety checks. You cannot transfer this responsibility to your tenant who is sub-letting. If your property is wholly sub-let, your contract with your tenant must clearly allocate the responsibility for completing the gas safety check.
I have a family member staying rent-free in my home
Although a gas safety check is not required under the regulations, HSE strongly recommends that you maintain and service gas appliances as recommended by the manufacturer.
Back to top
I employ domestic staff, who live in my home.
You are classed as a landlord, so you need to arrange an annual gas safety check.
I have a lodger who pays me rent
You are classed as a landlord, so you need to arrange an annual gas safety check.
I allow students to stay with me for short periods, such as exchange trips
If a student stays with you for short periods and you are paid for things such as the students’ food, then you take on the duties of a landlord and must arrange for regular gas safety checks.
My property is empty
You must ensure that all appliances/flues are safe and have an up to date gas safety check record to be provided for the new tenants before they move in.
I own a shop and rent out the flat above
Domestic gas duties apply to the flat, so you must arrange an annual gas safety check.
How often do I need to arrange a gas safety check?
You must ensure that a gas safety check is done every year on each gas appliance/flue. Before any new lease starts, you must make sure that these checks have been done within one year before the start of the lease date.
Back to top |
LET US CALL YOU! 
