Gas Health and Safety for landlords

Every year around 30 people die from carbon monoxide poisoning caused by gas appliances which have been incorrectly installed or maintained. Following the Gas Safety (Installation and Use) Regulations 1998, landlords have strict responsibilities relating to the safe installation, maintenance and use of gas appliances, fittings and flues in rented accommodation.

It is vital that all landlords adhere to the Gas Safety Regulations as failure to do so could result in the death of your tenants and the risk of prosecution if you are shown to be negligent.

Your duties as a landlord:

• You must ensure all gas fittings and flues are maintained in a safe condition. Gas appliances should be serviced in accordance with the manufacturer’s instructions. This includes portable appliances, such as LPG cabinet heaters. If the manufacturer’s instructions are not available it is recommended that they are serviced annually unless advised otherwise by a CORGI-registered installer.
• An annual safety check must be carried out for each gas appliance/flue.
• The regulations specify that before any new lease begins, you must make sure that gas safety checks have been completed 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.
• It is your responsibility to ensure all installation, maintenance and safety checks are carried out by a CORGI registered gas installer. It is a good idea to keep a record of each safety check for at least two years.
• If gas safety checks are carried out in property with existing tenants you must ensure they are provided with a copy of the check within 28 days of the safety check date. For any new tenants you must provide a copy of the record before their moving in date.
• Make sure you get a copy of the gas safety regulations and are sure you are compliant. Do not assume that an annual service inspection meets the safety check requirement, or that a safety check will, on its own, be sufficient to provide effective maintenance.
• If you are unsure about the safety of any of your gas appliances/flues be sure to ask the advice of a CORGI-registered gas installer.

Which gas appliances am I responsible for?

The regulations apply to any gas appliance or flue installed in rented accommodation with the exception of:

• Any appliances which are owned by the tenant and not the landlord.
• Any flues/chimneys solely connected to an appliance owned by the tenant.
• Any gas appliance (such as gas fires provided for customers in non-residential areas of public houses) that is exclusively used in a part of premises occupied for non-residential purposes.

Who is responsible for gas safety?

As the landlord you are responsible for all gas safety in your properties. You may not pass responsibility to your tenant with the exception of an appliance or flue installed in a non-residential part of a premises, for example shops and public houses etc. In such cases a contract may be drawn up between a landlord and tenant. Although the onus falls on the landlord to ensure gas safety, all tenants have a duty not to use any gas appliance they believe to be dangerous.

Even if you use a management agency to look after your property, you as the landlord retain overall responsibility for ensuring compliance with gas safety regulations. However you may arrange for the agency may make the arrangements for the safety checks and maintenance to be carried out, but this must be clearly detailed in the contract with your agent.

What if an appliance fails the safety check?

If any gas appliance/flue in your property fails a safety check it is the landlord’s responsibility to ensure that any safety issues are resolved by a CORGI registered gas installer before the equipment is used again. It is an offence to allow your tenants to use a gas appliance/flue which you know to be unsafe. Never reconnect an appliance that you have been told is dangerous, which has either been isolated or disconnected for safety reasons, until the fault has been rectified by a CORGI registered gas installer.

It is always a good idea to keep records of any work carried out to rectify defects identified in the safety check.

For further information contact the Health and Safety Executive gas safety advice line on 0800 300 363

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This entry was posted on Wednesday, February 11th, 2009 at 5:07 pm and is filed under Landlords. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.