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This following
information
is aimed at landlords & letting agencies
and explains some of the main
requirements of the Regulations. It also gives guidance on
how to comply with them.
The information will also be of interest to tenants, making
them aware of landlords' duties.
Each year about 30 people die from carbon monoxide poisoning
caused by poorly installed or badly maintained gas
appliances and flues. The Gas Safety (Installation and Use)
Regulations 1998 specifically deal with the installation,
maintenance and use of gas appliances, fittings and flues in
domestic and certain commercial premises. They place duties
on certain landlords* to ensure that gas appliances,
fittings and flues provided for tenants' use are safe.
(Details of these landlords can be found in HSE's Approved
Code of Practice on the Regulations.)
These duties to protect tenants' safety are in addition to
the more general ones that landlords have under the Health
and Safety at Work etc Act 1974 and the Management of Health
and Safety at Work Regulations 1992.
1.
WHAT TYPE OF PROPERTY IS COVERED?
The duties generally apply to appliances and
flues in relevant premises: that is those occupied for
residential purposes under either a license, a tenancy
agreement for a set term or a lease as defined in the
Regulations. Essentially any lease under seven years is
covered.
2.
WHAT ARE MY MAIN DUTIES AS A LANDLORD?
You are required to:
Ensure gas fittings and flues are maintained in a safe
condition;
Ensure an annual safety check is carried out on each gas
appliance/flue. Before any new lease starts, you must make
sure that these checks have been carried out within one year
before the start of the lease date, unless the appliances in
the property have been installed for less than 12 months, in
which case they should be checked within 12 months of their
installation date;
Have all installation, maintenance and safety checks carried
out by a
CORGI-registered
gas installer;
Keep a record of each safety check for two years;
Issue a copy of the safety check record to each existing
tenant within 28 days of the check being completed, or to
any new tenant before they move in (in certain cases there
is an option to display the record).
The Regulations specify the gas safety matters to be
covered. You should not assume that an annual service
meets the safety check requirement, or that a safety check will be
sufficient to provide effective maintenance. Ask the advice
of a CORGI-registered gas installer where necessary.
3.
WHICH GAS EQUIPMENT IS COVERED?
The safety check and maintenance requirements
generally apply to any gas appliance or flue installed in
the relevant premises 'except that:
Appliances owned by the tenant are not covered;
Flues/chimneys solely connected to an appliance owned by the
tenant are not covered;
Any appliances and flues serving 'relevant premises '(such
as central heating boilers not installed in tenants'
accommodation but use to heat them) are covered.
The safety check does not apply to any gas appliance (such
as gas fires provided for customers in non-residential areas
of public houses) that are exclusively used in a part of
premises occupied for non-residential purposes.
Your duty to maintain and carry out safety checks applies to
fixed as well as portable appliances, such as LPG cabinet
heaters.
4.
CAN I DELEGATE DUTIES TO A TENANT?
No, except that a contract may be drawn-up
between a landlord or tenant for an appliance or flue
installed in a non-residential part of a premises, for
example shops and public houses etc.
5.
WHAT HAPPENS IF I USE A MANAGING AGENT?
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.
6.
WHAT IF THE PROPERTY IS SUB-LET?
In these situations the 'original' landlord
may retain duties which overlap with those acquired by the
person who sublets. 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 safeguard tenants' safety.
7.
WHAT ACTION IS REQUIRED TO GAIN ACCESS TO PROPERTY?
The contract you draw up with the tenant
should allow you access for any maintenance or safety check
work to be carried out.
You have to take 'all reasonable steps to ensure this 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
under the terms of their tenants' contracts, but not use
force to gain entry into the property.
8.
HOW DO I KNOW IF THE GAS INSTALLER IS CORGI REGISTERED?
They should be able to provide you with a
current CORGI registration certificate, or a CORGI ID card.
This contains relevant details of the installer, including
their CORGI registration number and the sort of work they
are competent to carry out, but if you are in doubt you can
always check by phoning CORGI on 01256 372300.
9.
WHAT IF
AN APPLIANCE FAILS THE SAFETY CHECK?
The safety check record will contain details
of any defect identified and remedial action taken. You must
ensure that any safety defect is rectified (by a
CORGI-registered gas installer) before the equipment is used
again. It is an offence to use, or allow the use, of a gas
appliance you know to be unsafe, In no circumstances should
you reconnect an appliance that you have been told is
unsafe, which has either been isolated or disconnected for
safety reasons, until the fault has been rectified.
10.
WHAT ACTION DO I TAKE IN THE EVENT OF A GAS ESCAPE?
If you smell gas, or suspect there is a gas
escape, you should immediately shut off the gas supply and
contact 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 home park, 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.
11.
WHAT HAPPENS IF I DON'T MAINTAIN MY TENANTS' GAS APPLIANCES?
Failure to do so may result in loss of life.
Not only that, you risk being prosecuted, and this could
result in you facing a maximum penalty of £5000 for each
offence. If this case is then referred to the Crown Court
the maximum penalty may be an unlimited fine and possibility
of imprisonment.
The above is
taken,
unedited,
from The HSE’s
website.
If you need further advice about any of the
gas safety issues mentioned here,
please
contact us. |
