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LANDLORDS
: A GUIDE TO LANDLORDS' DUTIES
GAS
SAFETY (INSTALLATION AND USE) REGULATIONS 1998
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THIS ADVICE IS AIMED AT LANDLORDS AND EXPLAINS SOME OF THE MAIN
REQUIREMENTS OF THE REGULATIONS. IT ALSO GIVES GUIDANCE ON HOW TO COMPLY WITH
THEM. THE LEAFLET 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 {Details of these landlords can be found in HSE's
Approved Code of Practice on the Regulations}.
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.
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| WHAT TYPE
OF PROPERTY IS COVERED?
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| The duties generally apply to appliances and flues in 'RELEVANT PREMISES',
that is those occupied for residential purposes under either a licence, a
tenancy agreement for a set term or a lease as defined in the Regulations.
Essentially any lease less than seven years is covered. |
| WHAT ARE MY
MAIN DUTIES AS A LANDLORD? |
| You are required to:
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ensure
gas fittings and flues are MAINTAINED in a safe condition;
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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;
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have
all installation, maintenance and safety checks carried out by a
CORGI-registered gas installer;
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keep
a record of each safety check for two years;
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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).
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| The Regulations specify the gas safety matters to
be covered. You should not assume that annual service inspection 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. |
| 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:
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appliances
owned by the tenant are not covered;
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flues/chimneys
SOLELY connected to an appliance owned by the tenant are not covered;
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any
appliances and flues serving 'relevant premises' (such as central heating
boilers not installed in tenants' accommodation, but used 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. |
| CAN I DELEGATE DUTIES TO
A TENANT?
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| 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. |
| WHAT HAPPENS IF I USE A
MANAGING AGENT?
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| 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. |
| WHAT IF PROPERTY IS
SUB-LET? |
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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?
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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 CORGI REGISTERED?
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| 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. |
| 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. |
| WHAT ACTION DO I
TAKE IN THE EVENT OF A GAS ESCAPE?
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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, eg 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 DON'T
MAINTAIN MY TENANTS' GAS APPLIANCES?
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| 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 the case is then referred to the Crown Court the
maximum penalty may be an unlimited fine and the possibility of
imprisonment. |
| This
information is reproduced from a leaflet published by the Health and Safety
Executive |
