Lettings Direct - Letting Agents, Property Management Specialists and Buy to Let Experts.
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 Gas Safe installer. A copy of the Landlords gas 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 Landlords 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:
Landlords should implement a Gas Safety policy to include:
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.