This blog focuses on the importance of having an up to date annual landlord’s gas safety check on your property. The law requires this to be done annually whilst you have a tenancy in place.
If it is not done and you allow the certificate to expire then you are putting lives at risk and breaking the law. HSE gives gas safety a high priority and will take the appropriate action to ensure compliance with the regulations; this could result in a substantial fine and/or a custodial sentence.
It really is that serious.
If you let a property equipped with gas appliances, you have three main responsibilities:
- Maintenance: pipework, appliances and chimney/flues need to be maintained safely. Gas appliances should be serviced in accordance with the frequency given in the manufacturer’s instructions. If these are not available, you should ask a Gas Safe registered engineer to service them annually.
- Gas safety checks: An annual gas safety check should be carried out on each gas appliance/flue. This will ensure gas appliances and fittings are safe to use. There is a legal requirement on you to have all gas appliances safety checked by a registered engineer annually and you also need to maintain gas pipework and flues in a safe condition. This is UK law.
- 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.
Some landlord/tenant relationships can become problematic, and tenants may refuse to give you access to the property. If this is the case, you should have a previously drawn up agreement with the tenant allowing you access to the property to ensure any maintenance or safety work is carried out. You’ll have to take (and demonstrate that you have taken) all ‘reasonable steps’ to ensure the work is carried out – this can involve giving a tenant notice. If a tenant does refuse access, be sure to keep a record of any action taken as you may need this at a later date. The Gas Safety (Installation and Use) Regulations do not give powers to ‘force disconnection’ of the gas supply in these circumstances and you may need to seek legal advice.
I once again stress that if you are a landlord and you wish to carry out your own landlords gas safety check then please make sure that it has been done before the expiry of the latest one. There is no “cooling off period”. It is also your responsibility to evidence that you have tried all possible ways of getting access to the property if the expiry date passes and there is a gap between the checks.
Should you wish Crucible to take over the management of your gas safety checks then please contact Dawn Watts (Property Manager) who would be more than happy to undertake this for you.
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