| Landlords |
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Annual
Safety Checks FAQ's |
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| 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.
To request a copy of the CORGI leaflet,
'Gas Safety in rented accomodation' call 0870 401 2258.
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| Annual
Safety Checks |
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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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| FAQs |
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| Can
I ask tenants to be responsible for these duties?
What
happens if I use a managing agent?
What
happens if the property is sub-let?
How
should I gain access to the property?
How
do I know whether the gas installer is CORGI-registered?
Which
equipment should be checked?
What
if the appliance fails the safety check?
What
action do I take in the event of a gas escape?
What happens if I don't maintain my tenants' gas appliances?
Q: Can I ask tenants
to be responsible for these duties?
A: No.
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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.
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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.
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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 may need to consider proper action through
the courts, but do not use force to gain entry to the property.
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Q: How do I know
whether the gas installer is CORGI-registered?
A: Before allowing anyone
on to 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 on it
(0870 401 2300) or use our on-line validation service
check
an installer.
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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.
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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.
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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
your LPG supplier and agree what action to take in case of a gas
escape or emission of carbon monoxide from any LPG appliance.
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Q: What happens
if I don't maintain my tenants' gas appliances?
A: Failure to ensure gas
appliances are maintained could result in 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.
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