Landlord Advice
Gas Safety
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 landlords to ensure that gas appliances, fittings and flues provided for tenants' use are safe.
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.
The duties generally apply to appliances and flues in residential premises under either a licence, a tenancy agreement for a set term or a lease. Essentially any lease under seven years is covered.
The following section provides detailed advice taken from the Health and Safety Executive:
Are Your Gas Appliances Safe
As a landlord you have a legal duty to ensure that your premises and appliances are safe.
Appliances, which burn any fossil fuel such as gas, coal or oil, can produce carbon monoxide if they have not been fitted properly or serviced regularly. Carbon monoxide is a gas which is highly poisonous to people and animals. About 40 people die every year from carbon monoxide poisoning, caused by faulty gas appliances. Carbon monoxide can be difficult to recognise because it has no colour, no smell, no taste and the symptoms can often by confused with those of other illnesses.
Gas Safety Regulations
The Gas Safety (Installation and Use) Regulations 1998 require landlords to have all gas appliances and installations etc, subjected to annual safety checks undertaken by Gas Safe registered gas installers.
Safety certificates must be kept available for inspection at any time, since your inability to provide proof that appliances have been checked within twelve months of the last safety check could result in prosecution by the Health and Safety Executive.
What Type of Property is Covered
The duties generally apply to appliances and flues provided for tenants' use 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.
What are My Main Duties as a Landlord
You are required to:
- Ensure gas fittings and flues are maintained in a safe condition; Gas appliances should be serviced in accordance with the manufacturer's instructions
- 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 Gas Safe registered gas installer
- Keep a record of each safety check for at least two years (Note that HMO Licensing Schemes require you to keep records for the duration of the Licence)
- 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)
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 used to heat them) are covered.
- your duty to maintain and carry out safety checks applies to portable as well as fixed appliances,such as LPG cabinet heaters.
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 premises, for example, shops and public houses etc.
What Happens if I Use a Managing Agent
The landlord retains overall responsibility for ensuring compliance with requirements. The
management contract should clearly identify who is to make arrangements for maintenance and safety checks to be carried out and to keep records.
What if a Property is Sub-let
In these situations 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 safeguard tenants' safety.
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.
How do I Know Whether the Gas Installer is Gas Safe Registered
The installer should be able to provide you with a current Gas Safe photo ID card. This contains relevant details of the installer, including their licence number, their trading title and the expiry date of the card. The reverse of the card details the sort of work they are competent to carry out.
You can check here using these details on the Gas Safe Register
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 Gas Safe registered gas installer) before the equipment is used again. It is recommended that you keep copies of work done to rectify defects.
It is an offence to use, or allow the use, of gas appliances you know to be unsafe. In no
circumstances should you reconnect an appliance that you have been told is unsafe, which either has been isolated or disconnected for safety reasons, until the fault has been rectified.
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 open all windows and doors and shut off the gas supply at the meter control valve (if you know where it is).
Contact the Gas Emergency Free phone Number 0800 111 999.
In the case of suspected carbon monoxide leakage, follow the above procedure, except if you are able to identify the specific appliance at fault. IN this case you should consult a Gas Safe registered installer to investigate and make repairs.
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.
What Happens if I do not Maintain my Tenants' Gas Appliance
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 £5,000 for each offence. If the case is then referred to the Crown Court, the maximum penalty may be an unlimited fine and the possibility of imprisonment.
What Are The Danger Signs
There are some danger signs which you should look for. To ignore these can be fatal.
- Stains, soot or discolouring around a gas fire or at the top of a water heater. This may mean that the flue or chimney is blocked. Carbon monoxide can build up in the room.
- A yellow or orange flame on a gas fire or water heater.
- A strange smell when the gas appliance is on.
What About Water Heaters
Older water heaters can produce lethal carbon monoxide fumes if the flue is blocked. If there is any staining, sooting or discolouration on the water heater, it should not be used. Call an installer registered with the Gas Safe Register (previously Corgi) to arrange a safety check.
Remember - if you use, or allow other people to use, an appliance which may be unsafe, you are risking lives and breaking the law.
General Safety Precautions
There are three main ways to reduce the risk from carbon monoxide poisoning. For the safety of your tenants, and your own peace of mind, always follow these steps.
- Only buy appliances which have been tested for safety. Take care if buying a second-hand appliance, make sure that the dealer will give you a written guarantee and always ask for a copy of the user instructions.
- Never be tempted to fit gas appliances yourself - one mistake could cost a life. Always use an installer registered with Gas Safe. This is not only common sense - it is also the law.
- Always have your gas appliances checked and maintained annually by a Gas Safe registered installer. If you don't do this, you will have broken the law.
Contacts
The Housing Standards Team
Housing Regeneration Services
Market Street Nelson
Lancashire
BB9 7LG Tel: 01282 661008 Fax: 01282 661043 Email: housing.standards@pendle.gov.uk
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