Gas safety in rented properties and landlord responsibilities
As a landlord you have a legal responsibility to ensure that all gas appliances within your rental accommodations are certified safe by a registered Gas Safe engineer. A gas safety needs to be performed every 12 months. The Gas Safety (Installation and Use) Regulations 1998 outline the duties of landlords to ensure gas appliances, fittings and chimneys/flues provided for tenants are safe.
Plumbco Services Southend are registered with Gas Safe and have a combined 26 years’ experience working with many agents and landlords within the Southend area, helping to assist them in meeting these obligations.
Landlords – What are your responsibilities?
Whether you are a first-time landlord or a property professional with years of experience Plumbco want to ensure you meet all legal obligations and understand Gas Safety Legislation. This article will answer questions such as; Who is a Landlord? What happens If you get a new Gas Safety before the old one expires? If I let out a narrow boat will I need a Gas Safety? We hope that you find it helpful.
Who is a Landlord?
The first thing to consider is, are you a Landlord? A landlord is anyone who rents out a property they own under a lease or a licence that is shorter than seven years.
There are many different scenarios in which Landlords can find themselves, below covers some categories of Landlord and whether you need a Gas Safety.
Short-term landlord (less than 28 days): Landlords duties apply where a property has been rented out for less than 7 years- GAS SAFETY REQUIRED.
Long-term landlord (more than 28 days but less than 7 years): Landlords duties apply where a property has been rented out for less than 7 years – GAS SAFETY REQUIRED
Long-term landlord (more than 7 years): If there remains an implied tenancy arrangement, such as where accommodation is provided as part of a job, such as a Vicar or Publican then we recommend that you carry out the landlord’s duties for the property. GAS SAFETY ADVISED IN SOME INSTANCES
Who is Responsible for arranging a Gas Safety, Me or My Agent?
At Plumbco we deal with both agents and Landlords but whose responsibility should it be to organise a gas safety?
The simple answer is it depends on what your contractual agreement is with your agent. The management contract you sign with your agent should clearly specify who is responsible for the maintenance, gas safety check duties and associated record keeping. If the contract specifies that the agent is responsible, the same duties under the Gas Safety (Installation and Use) Regulations 1998 that apply to a landlord apply to the agent. If the contract is unclear, the duties remain the responsibility of the landlord.
What type of accommodation needs a Gas Safety certificate?
If you qualify as a landlord, then you need to be aware that you are responsible for the safety of yourtenants. Your legal duties apply to a wide range of accommodation, if it is occupied under a lease or license. These include but are not limited to;
- Residential premises rented out by local authorities, housing associations, private sector landlords, co-operatives and hostels.
- Rooms, let within bedsit accommodation, private households, bed and breakfast accommodation and hotels.
- Rented holiday accommodation such as chalets, cottages, flats, caravans and narrow boats on inland waterways.
Your responsibilities & legal requirements
If you let a property equipped with gas appliances, you have three main responsibilities under UK law:
- The responsibility to maintain:
- Gas pipework, appliances and chimney/flues, ensuring they are in safe working order.
- Gas appliances should be serviced in accordance with the frequency given in the manufacturer’s instructions. If these are not available, annual servicing is recommended unless advised otherwise by a Gas Safe registered engineer.
- Any gas appliances owned by tenants are not the landlord’s responsibility, however the connecting pipework and flue (if not solely connected to the tenant’s appliance) remains the responsibility of the landlord to maintain.
- Gas safety checks:
- You or your agent must arrange for all gas appliances and flues to be safety checked annually by a qualified Gas Safe registered engineer.
- New regulations introduced in April 2018 allow a landlord to arrange for a gas safety check to be carried out any time from 10-12 calendar months after the previous check whilst still preserving the original check expiry date.
- Where a gas safety check is carried out less than 10 months or more than 12 months after the previous gas safety check this will have the effect of ‘resetting the clock’ and the new deadline date will now be 12 months from the date of this latest gas safety check.
- Landlords are not responsible for safety checks on gas appliances owned by the tenant or any flues that solely connects to tenants own gas appliances.
- A record of the annual gas safety check should be provided to your existing tenants within 28 days of completion, or to new tenants upon the start of their tenancy.
- If the rental period is less than 28 days at a time you may display a copy of the record in a prominent position within the dwelling.
- You’ll need to keep copies of the record for at least 2 years. If you have benefited from the new regulations allowing flexibility in timing of gas safety checks, records must be kept until two further gas safety checks have been carried out.
- As well as safeguarding your tenants it is also important to perform a gas safety as without one you will be unable to issue a section 21 notice
If you need more information, then please click here.
Tenants – what are your gas safety responsibilities?
As a tenant It is in your best interests to let a Gas Safe registered engineer carry out a gas safety in your property. However don’t forget to ask to see their Gas Safe ID card first! It may also be a good idea to check with your landlord if you aren’t expecting an engineer to call.
Gas safety inspections
If you need a Gas Safety Inspection, then please do not hesitate to contact Plumbco Services Southend.
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