 Gas
safety - FAQs - Landlords
Q. What if I cannot afford to do a
safety check/service every year ?
A. You have a legal duty under the Gas Safety (Installation
and Use) Regulations 1998 to maintain all appliances and flues, which you have
provided for your tenants to use and have them checked for safety at least once
every 12 months by a CORGI
registered installer.
Q. What if I ignore the regulations ?
A. You are putting lives at risk and breaking the law. The
HSE gives gas safety a high priority and will take the appropriate action to
ensure compliance with the regulations. In certain circumstances this could
result in a substantial fine and/or a custodial sentence.
Q. Can I use a handyman or plumber
for gas work ?
A. A CORGI
registered installer with the required competence to do the particular work
should always be used. By law (a) anyone (whether an employer or self-employed)
running a business, e.g. a plumber, who carries out work on a gas
appliance/fitting must be CORGI registered, and (b) any individual doing gas
work must be competent to do it safely. DIY gas work could be dangerous and is
likely to be illegal. Landlords must use only a registered installer for
maintenance and safety checks on gas equipment provided for tenants use.
Q. How can I ensure an installer is CORGI registered
?
A. CORGI
registered installers should have a current CORGI identity card on which is an
expiry date and details of the appliances they are competent to work on. If in
any doubt you can ring CORGI or check on their web site to see if an installer
is registered.
Q. What should I do if the installer is not CORGI
registered and/or has falsely claimed they are CORGI registered ?
A. It is against the law for a non-registered installer to do any work on gas
appliances and/or flues. Phone your local HSE
area office or CORGI.
Q. I have LPG heaters in my properties - do I need
them checked ?
A. Yes, Landlord duties for LPG appliances are the same as for natural gas.
The landlord must maintain all LPG appliances which they provide for tenants and
have a safety check carried out at least once every 12 months by a CORGI
registered installer.
Q. How far do I need to go if the tenant prevents or
is not at home for the safety check ?
A. A landlord has to show that they took all reasonable
steps to comply with the law. The courts haven't made any decisions about what
this means and the efforts you need to make will depend on individual
circumstances.
However, a court is likely to view your actions as reasonable if you adopt
the following procedure. If your gas installer doesn't get in on the first
visit, you should give your tenant the opportunity to agree a suitable date and
you should contact them in writing to explain why you need access. Make a
minimum of three attempts to carry out the safety check and ensure you keep
records of letters sent and/or telephone calls/conversations.
It is a good idea to include arrangements for access in the tenancy
agreement.
Q. What do I have to do if I change a room containing
a gas appliance into a bedroom for the first time ?
A. Since 31 October 1998, any room converted to use as
sleeping accommodation should not contain the following types of gas appliances:
- A gas fire, gas space heater or a gas water heater (including a gas
boiler) over 14 kilowatts gross input unless it is room sealed.
- A gas fire, gas space heater, or a gas water heater (including a gas
boiler) of 14 kilowatts gross input or less or any instantaneous water
heater unless it is room sealed or has an atmosphere-sensing device.
If you are unsure, you should ask a CORGI
registered installer to check for you.
Q. What responsibility do I have if my tenant is ill
and has to sleep downstairs in a room with a gas appliance ?
A. You should advise your tenant at the start of the
tenancy of any rooms that are unsuitable to be slept in due to an inappropriate
appliance, for example a gas fire. However, if you find out that your tenant is
sleeping in a room with a gas appliance that does not comply (as above), you
should arrange for the appliance to be changed as soon as possible. Sometimes
the change of use will be short term, for example when someone is recovering
from an injury or illness, and is expected to start using his or her proper
bedroom again in a few days/weeks.
The current law is not entirely clear and interpretation would finally be for
a court to decide in particular circumstances. However, a reasonable approach
might be to allow the continued (short-term) use of the appliances concerned provided
that they have been maintained within the last 12 months, have an up to date
landlord's gas safety certificate, a carbon monoxide detector (choose one which
complies with BS 7860 or BS EN 50291) is fitted in the room and advice is sought
from a CORGI
installer as to the need for additional safety checks. Another alternative is to
provide alternative heating such as an electric fire.
You should keep the situation under review and if the tenant's health does
not improve as expected, then the appliances must be changed to ones that
comply.
You should also warn the occupier to always turn off gas appliances at night
and emphasise the need for ventilation in rooms where gas appliances are
situated.
Q. What checks should I do between tenancies ?
A. You should 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 CORGI
registered installer. 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 certificate (a
copy of which needs to be given to the new tenant); it is also good practice to
have the pipework inspected and tested for soundness.
If the property is likely to remain empty for a long period and/or there may
be vandalism, you should think about asking for the gas to be isolated until a
new tenant moves in. If, however, a new tenant is moving in quickly, and all the
appliances and flues were checked recently, you should just arrange for a visual
check to make sure nothing has changed.
Q. Can I keep Landlord's Gas Safety Certificates
electronically ?
A. The current gas safety regulations do not prevent you
from keeping an electronic copy provided it incorporates an electronic
signature. We are revising the current Regulations and considering what to
include as law or guidance on standards for electronic signatures, which will
need to be met when the new Regulations become law.
It may therefore be advisable to wait until this is finished. However, if you
wish to use or develop electronic systems now, you are recommended to ask about
their design standards in relation, for example, to the authenticity, integrity
and reliability of the signature, before purchasing any new system.
Q. Do I have any responsibilities where the gas
safety regulations do not apply ?
A. If you are an employer or self-employed person, you may
still have duties (including for gas safety) under the general provisions of the
Health and Safety at Work Act and related regulations. The courts haven't made
any decisions about actions required and the efforts you need to make will
depend on individual circumstances. However, the following action is
recommended:
- Where tenants own gas appliances, send a reminder that these should be
serviced and checked for safety each year, and where possible, offer to
include these (at reasonable cost) within the arrangements put in place by
the landlord:
- For rented property outside the scope of the Regulations (e.g. leases
greater than 7 years) extend a similar approach to 1 above in the case of
appliances provided by the landlord;
- At the start of the tenancy you should 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 a tenancy agreement. It is also recommended
to include all flues and chimneys connected to gas appliances within the
landlord's safety check, even where they do not serve appliances provided by
the landlord.
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