A Gas Safe Registered Engineer I have been vetted to ensure that I am competent and qualified to work safely and legally with gas. You can check my registration on the Gas Safe Register. This means that I am qualified to carry out gas safety checks and issue Gas Safety Certificates. Gas checks are required by law and it is also best practice to have electrical tests. As a qualified Electrician I can keep costs down when you employ me to undertake both checks at your rented properties.

Landlords: Duty to ensure gas installations are safe

As a landlord you have a common law duty to ensure that all the gas installations and appliances that you supply in your properties are safe. However, tenants also have certain legal obligations regarding gas safety.

Carbon monoxide poisoning kills 30 people every year in the UK because of poorly installed, or badly maintained, gas appliances.

As a residential landlord, you (or your agent) are responsible for the safety of your tenants and must ensure that the Gas Safety (Installation and Use) Regulations 1998 enforced by the Health & Safety Executive (HSE) are followed. These Regulations set out the duties of landlords who must ensure that gas installations, appliances, fittings and flues provided for tenants are safe.

Non-compliance with these Regulations is a criminal offence and courts can impose unlimited fines and custodial sentences. Where non-compliance results in death you (or your agent) could face charges for manslaughter.  Non-compliance could also invalidate your property insurance and in turn lead to claims for civil damages.  Awards made for civil damages are usually very high.

Gas Safety for Commercial Properties

The legal requirements for commercial properties are different from those for residential properties.  The most important point to note is that for commercial properties the lease should clearly state whether the tenant or landlord is responsibility for gas safety. However, where a landlord (or their agent) supplies gas installations and equipment. and takes on the service responsibility, they must arrange for annual maintenance and a Gas Safe Registered Engineer check.

Gas Safety and the Law

• Duties of a landlord are laid out in the Gas Safety (Installation and Use) Regulations 1998 enforced by the Health & Safety Executive (HSE).

 

• By law only a Gas Safe Registered Engineer may Install and maintain gas appliances and fittings.

 

• The law states that gas appliances that are known, or suspected, to be unsafe must not be used in the property. Gas Safe Registered Engineers are required by law to disconnect any appliances they find are unsafe. These must not be reconnected until they have been repaired or replaced.

 

• On 1 January 1996 restrictions were introduced on what type of appliances can be fitted in bedrooms and bathrooms. Appliances such as heaters must be of the room-sealed type. Non-room sealed types can only be fitted if they are below 14 Kilowatts and have cut off devices which automatically turn the gas off should toxic fumes build up.

 

• On 31 October 1998 it became illegal to install instantaneous gas water heaters which are not room-sealed or fitted with a safety device which automatically turns off the gas supply should toxic fumes build up.

 

• The tenants must be able to access gas meter and cut-off valve easily.

 

• The operating instructions for gas appliances must be left at the rented property and tenants should be able to easily access them.

 

• The tenant is required by law to take reasonable steps to close off the supply and inform the gas supplier should there be an escape of gas or carbon monoxide fumes. If the premises are vacant then the landlord (or his agent) is responsible for taking this action.

 

• If the premises are altered in any way then the person who has made, or authorised, these changes must consider what affect these changes may have on gas appliances – for example on flue outlets, ventilation etc. If it is considered that the installation or the gas appliances may have been affected in any way and their safety compromised, then arrangements should be made to should have the appliances re-checked by a Gas Safe Registered Engineer.

Gas Installation: A Landlord’s Duties

A landlord is:

• Required to inform his tenants in writing what their responsibilities are under the Gas Safety (Installation and Use) Regulations 1998 enforced by the Health & Safety Executive (HSE).  This may be done by including the responsibilities in the contract/

 

• Required to ensure all fittings and flues are maintained in a safe condition.

 

• Required to ensure a system of annual checks and maintenance in place for the gas installation, all gas appliances and flues.

 

• Required to ensure that the contract clearly states whether you, the landlord, or your agent is responsible for managing Gas Safe Checks and maintenance.

 

• Required to ensure that an annual safety check is carried out by a Gas Safe Registered Engineer on all gas appliances and flues, or within 12 months before the start of a new tenancy.

 

• Must keep a complete record of all gas safety checks and maintenance for at least two years. This includes keeping a copy of the Gas Safety Certificate.

 

• Required to provide each existing tenant with a copy of the Gas Safety Certificate within 28 days of the Gas Safe Registered Engineer undertaking the safety check.

 

• Must undertake a visual inspection of the gas installation and appliances before re-letting a property, even if there is still a current Gas Safety Certificate.  This is to ensure that the previous tenants have not left the system in an unsafe condition.

 

• Must provide new tenants with a copy of the current Gas Safety Certificate within 28 days of them taking possession of the property or a new Gas Safety Certificate, where one is required.

 

• Must ensure that their tenants are aware they must allow access to the property in order that maintenance, repairs and safety checks can be carried out to the gas installation and appliances.

 

• Must keep a detailed record to show that all reasonable steps have been taken to gain entry to the property if they have problems gaining access to carry out their legal obligations in relation to the gas installation and appliances. However, a landlord should ensure that their attempts are not seen as harassment by the tenants.

 

• Must ensure that their tenants are aware of the importance of reporting faulty appliances to him (or his agent) at the earliest opportunity.

 

• Must ensure that all appliances meet the general regulation requirements.  This is particularly important in relation to appliances in bedrooms and bathrooms where regulations require for them to be of a room-sealed type or have a safety valve incorporated.

 

• Must ensure that any gas water heaters installed in a property have a failsafe thermostat fitted.

 

• Must not install or provide second hand gas appliances in a property.

 

• Should provide tenants with emergency instructions and ensure that they have ready access to the gas meter and the gas cut-off valve.

 

• Should provide tenants with copies of the manufacturers’ operating instructions for the gas appliances in the property.

 

• May display the record of gas safety checks in a property that is a holiday let.

Gas Installations: A Tenant’s Duties in Rental Premises

• Tenants have certain responsibilities under the Gas Safety (Installation and Use) Regulations 1998 enforced by the Health & Safety Executive (HSE). The landlord should advise tenants of this in writing, by including their responsibilities in the contract.

 

• Tenants must never carry out DIY work on gas installations and appliances.

 

• Tenants should inform their landlord (or the agent) immediately if they know, or suspect, a gas installation is not safe. It is a criminal offence for tenants to use a gas appliance they know to be unsafe.

 

• Tenants must turn off the gas at the main cut-off valve in an emergency and inform TRANSCO immediately.

 

• Tenants should be made aware that a landlord is entitled to access the premises in order to fulfil their obligations to have gas checks and maintenance carried out under the Gas Safety (Installation and Use) Regulations 1998 enforced by the Health & Safety Executive (HSE), providing they have given reasonable notice.

Properties covered by Gas Regulations

The Gas Safety (Installation and Use) Regulations 1998 cover all types of residential accommodation including those let by:

• Councils
• housing associations
• private landlords
• housing co-operatives
• hostels
• working accommodation.

 

Residential accommodation of all types are covered by The Gas Safety (Installation and Use) Regulations 1998, including:

• private houses
• flats and maisonettes
• bedsits (HMO)
• private households (lodgers)
• bed and breakfast
• holiday cottages, chalets and caravans
• house boats on inland waterways.

Commercial Properties and Gas Regulations

• A landlord does not have a statutory duty to have an annual gas safety check carried out on commercial properties but they do have a common law duty to ensure that gas installations and appliances provided in a property are safe.

 

• The lease (or separate contractual agreement) must clearly state whether tenant, agent or landlord is responsible for maintenance. including the maintenance of gas appliances.

 

• Where a landlord (or agent) has taken on responsibility for maintenance then they must ensure that an annual gas safety check is carried out and it is best practice to issue a Gas Safety Certificate.

 

• Where the landlord (or his agent) controls multi-occupation business premises, such as offices and shops, and levies a service charges, then annual maintenance and safety checks should be carried out by the landlord (or his agent)

Carbon Monoxide (CO)

• Most people know how dangerous carbon monoxide (CO) is. CO is often described as the silent killer. It is highly poisonous and cannot be detected by the senses. You can’t see, smell or taste its presence. Exposure to even low levels of CO can cause brain damage and death.
• CO is produced by the incomplete combustion of gas, solid or liquid fuels. This happens when gas appliances have been badly installed or poorly maintained. Insufficient ventilation to the appliance or away from the appliance (flues and chimneys blocked) will also cause CO build up.
• Yellow or brown stains around the appliance, pilot lights which blow out frequently and increased condensation on the inside of windows are all signs of CO.
• Symptoms include fatigue, headaches, flu like symptoms such as nausea, chest pains, sudden giddiness when standing up, sickness, diarrhoea and stomach pains, erratic behaviour.
• If you suspect CO you must switch the appliances off, open doors and windows, visit your GP and call a Gas Safe Registered Engineer.

Gas Safety – Frequently Asked Questions

• What if an appliance fails the safety check? The Gas Safe Registered Engineer will disconnect the appliance and note on the safety check record that this appliance is defective. The landlord must have the fault rectified or the appliance replaced before re-connecting.
• Which gas equipment must be checked? All gas appliances and fittings installed in the property, and also portable appliances such as LPG cabinet heaters supplied by the landlord, must be checked by the Gas Safe Registered Engineer. The landlord is not required to have appliances owned by tenants or flues/chimneys connected to tenant’s appliances checked. Safety checks do not apply where there are gas appliances in non-residential (i.e. commercial) parts of the building.
• Can I ask the tenants be responsibility for the gas safety checks? No, it is the landlord’s responsibility. However, a contract can be drawn up between landlord and tenant for an appliance or flue to be installed in a non-residential part of the building, – for example, a shop or public house – it then becomes the commercial tenant’s responsibility to ensure the gas safety check is carried out
• I use a managing agent – how does that affect my responsibilities? A managing agent may act on your behalf. The management contract must clearly state who is responsible for arranging maintenance and safety checks, and for keeping records.
• My property is sub-let and I am not sure who is responsible for the gas checks? You may retain duties which overlap with those now acquired by the person subletting. Close co-operation and clear allocation of responsibilities must be agreed and written into the lease to ensure full compliance with the regulations.
  • How do I gain access to the premises in order to fulfil my responsibilities? You must give your tenants at least 24 hours notice, although it is preferable to give seven days’ notice that a Gas Safe Registered Engineer will be calling. You should give this notice in writing.
  • What happens if the tenant refuses me entry? The lease agreement should allow you reasonable access. You should take all reasonable steps to ensure gas safety work is carried out.  This may involve giving written notice to tenants requesting access, explaining the reasons. You should keep a careful record of any such action in case you are refused access and you have to prove that you have taken reasonable steps to gain access. If a tenant continues to refuse you access you can report the problem to your local Council (Environmental Health Officer) or to the Health & Safety Executive.  If you still cannot gain access a last resort is need to take court action for breach of contract. You must never enter the property without the tenant’s consent or use force to gain entry.
  • I let commercial premises – do I have the same responsibilities? Commercial premises are not covered by the specific landlord annual gas safety check regulations. However, you do need to ensure that you comply with the general regulations and the common law duty to ensure that all gas equipment provided for tenant use is safe. Responsibility for annual maintenance and safety checks should be written into the lease or a separate contractual agreement so that it is clear whether the tenant, agent or landlord is responsible. However, where tenancies are in multiple occupation premises and service charges apply it is your responsibility to arrange annual maintenance and safety checks. A certificate should then be issued to the tenants within 28 days.
  • I provide portable LPG gas heaters in the property – should these be checked? Yes, as you have provided these portable gas appliances it is your responsibility to have their safety checked. You should therefore have them included in the annual safety checks.
  • I know I need to have an annual gas safety check on gas appliances, but do I also need to have each appliance serviced? Regulation 36 Duties of Landlords of the Gas Safety (Installation and Use) Regulations 1998 (GSIUR) is split into two separate duties; one for maintenance of relevant gas appliances and flues and the other for annual gas safety checks. The annual gas safety check is not considered to be maintenance/service of a gas appliance unless you specifically requested the Gas Safe Registered Engineer to carry this out at the same time as the annual safety check. In addition, as a landlord, you are also responsible for maintaining the gas installation pipe work, so you should ask your Gas Safe Registered Engineer to include a gas tightness test at the time of the annual gas safety check.
  • How can I check that a gas installer is GAS SAFE registered? You should also to see their GAS SAFE identification (ID) card before they carry out any work in your property. This card will tell you all you need to know about the installer (and their employees). On the front is a photograph of the engineer, name, trading title, Gas Safe Registered Engineer’s registration number and card expiry date. On the back there is a list of the areas of gas work that the card holder is competent to carry out, with certificate expiry dates.

Penalties for Breaching the Gas Safety Regulations

• Breach of the regulations is a criminal offence and the Health & Safety Executive are empowered to bring proceedings.
• Landlords and/or managing agents can be convicted for non-compliance and may be fined or even imprisoned.
• In the most serious cases landlords and/or managing agents may face charges of manslaughter.
• Insurance cover could be invalidated for non-compliance to the regulations.

Defences

• In the event of a tenant complaint or an incident if it can be shown that the landlord (or his agent) had taken all reasonable steps to avoid committing an offence then the defence of “due diligence” may be accepted. This will only be accepted with documentary proof.
• If a private owner or landlord can show that he placed responsibility on to a managing agent the landlord may escape liability, but not if the agent only introduced a tenant.  The agent would need to have been involved in preparing an inventory or management of the tenancy.

Risk Reduction

• A landlord cannot take out insurance to cover losses your own criminal acts.
• It is unlikely that insurance cover could be obtained for losses that might result from a civil action brought against you or for any legal and professional expenses involved.
• The only certain way of risk reduction is to be absolutely sure that you fulfil your legal duties. Do this and your risks are minimal.
• A landlord should ensure that he (or his agent) has a proper administration system in place to ensure compliance with the Gas Regulations.  If a landlord is employing a managing agent then he should check to make sure the agent’s staff are adequately trained.

Emergency Contacts

* Gas Safe – 0800 408 5500
* Gas Consumers Council – 0645 060708
* HSE Gas Advice Line – 0800 300363
* Transco Gas Emergency line – 0800 111999
* HSE Publications 01787 881165