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LANDLORDS

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INFORMATION FOR LANDLORDS

 

Know your gas safety responsibilities and protect your tenants

As a landlord you should be aware that you are responsible for the safety of your tenants. Your legal duties apply to a wide range of accommodation occupied under a lease or licence, including (but not limited to):

  • Residential premises provided for rent by local authorities, housing associations, private sector landlords, co-operatives, hostels.
  • Rooms, let in bed-sit accommodation, private households, bed and breakfast accommodation and hotels.
  • Rented holiday accommodation such as chalets, cottages, flats, caravans and narrow boats on inland waterways.

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.

 

Your responsibilities

If you let a property equipped with gas appliances, you have three main responsibilities under UK law:

  1. Maintenance: gas pipework, appliances and chimney/flues need to be maintained in a safe condition. 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.
  2. Gas safety checks: gas appliances and flues must 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.
  3. Recorda 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.

Additional info: It’s a good idea to ensure that your tenants know where/how to turn the gas off and what to do in the event of a gas emergency. Last, but certainly not least, make sure anyone carrying out gas work on your property is Gas Safe registered and qualified to work on the type of gas and appliances provided – this is not only the law, but the most important step to ensuring the safety of your tenants.

 

Any issues?

Some landlord/tenant relationships can become problematic. The tenancy agreement should allow access for any maintenance or safety check work that needs to be carried out. However, if your tenant refuses to give you access to the property you must show that you've taken all 'reasonable steps' to comply with the law - such as repeating attempts to carry out the safety check and writing to the tenant explaining that a safety check is a legal requirement that is in place for their own safety. Be sure to keep a record of any action taken as you may need this at a later date. The Gas Safety (Installation and Use) Regulations do not give powers to ‘force disconnection’ of the gas supply in these circumstances and you may need to seek legal advice.

 

Short term lets

If you let a property for a short period of time (e.g. a holiday home for a week) you still have gas safety duties as a landlord. Download our factsheet for more information on landlords’ responsibilities for short term lets.

GAS SAFETY RECORD

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GAS SAFETY RECORD

 

What documentation can I expect from a gas engineer when they have carried out work in my home?

This will be dependent upon the purpose and type of work carried out. The only documentation required by law is a Landlord Gas Safety Record as there is a legal duty on owners of residential rented properties to have annual safety checks carried out on the gas appliances they provide for their tenants' use. These safety checks must be carried out by a suitably qualified and registered engineer and the results are recorded in detail on a Landlord Gas Safety Record form with copies provided to the landlord and tenant. 

For more information on gas safety in rented accommodation you can visit our Landlords or Tenants page.

 

What would you expect to see on a Landlord’s Gas Safety Record?

At a minimum, the record needs to contain:

  • A description and location of each appliance/flue checked
  • Name, registration number and signature of the engineer who carried out the check
  • Date on which the check was carried out
  • The address of the property where the appliance/flue is installed
  • The name and address of the landlord (or their agent where applicable)
  • Any safety defect identified and any action required or taken to rectify it
  • Confirmation of the results of the operational safety checks carried out on the appliances.

Landlords also have a legal duty to maintain pipework is a safe condition, so many proprietary forms also include the facility for the registered engineer to record the results of pipework integrity tests which indicate whether or not the pipework installation is safe.

Download an example of a Landlord's Gas Safety Record

 

Not a landlord - what documentation is required?

If you are not a landlord it is always a good idea to confirm with your registered engineer what documentation will be provided before having any gas work done in your home, as there’s no legal requirement for registered engineers to provide any documentation. In most cases your registered engineer will provide you with some documentation as it is good practice to do so.

The level of detail provided on any documentation depends on the type of work undertaken and could vary from a simple job sheet or invoice to a record containing a similar level of detail and information to that provided in a Landlord’s Gas Safety Record. So if you require something specific, make sure you have agreed this with your registered engineer before they start work.