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Residential landlords or their agents are responsible for the safety of tenants and the Gas Safety (Installation and Use) Regulations 1998 enforced by the Health & Safety Executive (HSE). They deal with the duties of landlords to ensure that gas installations, appliances, fittings and flues provided for tenants are safe. All Landlords have a common law duty to ensure that gas installations and appliances supplied with their properties are safe. Tenants also have certain legal obligations when it comes to gas safety - see below.
In the case of residential properties, landlords (or their agents) have a statutory duty to arrange annual Gas Safety Checks by a registered CORGI installer. A copy of the CORGI safety certificate must be given to the tenant on entry and within 28 days of the annual check. A copy must also be retained by the landlord for 2 years.
Severe penalties for non-compliance can be imposed and deaths could result in manslaughter charges for landlords and agents. Non compliance is a criminal offence and courts can impose unlimited fines and custodial sentences. This may also invalidate your property insurance and could subsequently lead to claims for civil damages - awards in these cases have proved to be very high indeed.
As responsible Letting Agents, we always ensure that any rental property that we manage does have an up to date gas safety certificate and is compliant with the current legislation. We can arrange these on behalf of Landlord's by our retained CORGI registered Gas engineers.
We have listed a few helpful notes below for both Landlords and Tenants in respect of Gas Safety:
Landlord's Gas Safety Notes:
- Implement a system of annual checks and maintenance for all gas appliances and flues.
- Use only CORGI registered engineers for installations, maintenance and gas safety checks.
- Maintain safety check records, keeping copies for at least 2 years, and issuing copies to each tenant within 28 days.
- Make sure that appliances are safe and have been checked within 12 months before re-letting.
- On re-letting, remove any suspect appliances which may have been left by previous tenants and issue the new tenant/s with a copy of the safety check record on entry. Also,visually inspect the gas installation and appliances. A leaving tenant may have left the system in an unsafe condition.
- Work closely with tenants in gaining access for maintenance, repairs, safety checks and the early reporting of faulty appliances. If you experience difficulties gaining access make sure you fully document this to show you have taken all reasonable steps.
- Ensure that all appliances meet the general regulation requirements, in particular in bedrooms and bathrooms where appliances must be of the room-sealed type or have a safety valve incorporated.
- Ensure that all water heaters have fail safe thermostats fitted.
- Ensure that tenants have emergency instructions and ready access to the gas meter and the gas cut-off valve.
- Provide copies of all appliance manufacturer's operating instructions to your tenants.
Tenants Gas Safety Notes:
Tenants also have responsibilities imposed upon them by the gas safety regulations. Landlords should inform tenants of this fact in writing and should include a clause to this effect in the tenancy agreement.
- Under no circumstances must tenants carry out DIY work on gas installations and appliances.
- Tenants should inform the landlord or managing agent immediately if they know or suspect a gas system to be unsafe. It is a criminal offence to knowingly use an unsafe gas appliance.
- In an emergency the tenant should turn off the gas at the main cut-off valve and inform TRANSCO immediately.
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