Landlords have a number of gas safety obligations, as outlined in the Gas Safety (Installation and Use) Regulations 1998. These responsibilities aim to ensure that tenants’ properties are in a safe manner and that all gas fittings and features are maintained and hazard-free.
Therefore, the duties faced by landlords are:
- Ensuring that flues, installation pipework and appliances are maintained safely. Although landlords should arrange annual gas safety checks, this duty is year-round, so if a landlord has any cause to believe that gas work is dangerous, they should take immediate steps to rectify this problem.
- Ensuring that appliances and flues are checked for safety every year. This CP12 check must be done by a Gas Safe Registered engineer, and the CP12 certificate should be provided to the landlord and to each tenant.
- The landlord should keep a record of these gas safety checks.
What information do CP12 certificates contain?
Landlords’ gas safety records should answer the following questions:
- What is the address of the property in question?
- On what date was the flue or appliance checked?
- Where was this appliance located?
- What is the nature of the appliance in question?
- What problems were noticed?
- How were these problems dealt with?
- What is the efficacy of the flue?
- Is the supply of combustion air safe?
- Is the heat input and operating pressure as it should be?
- What is the name of the agent or landlord that owns or controls the property?
- What is their address?
- Were they notified of any defects?
- Who carried out the safety check?
- What is their Gas Safe Registration number?
Landlords are responsible for ensuring the safety of all appliances they provided to the tenant for the duration of the tenancy. Should a tenant provide their own gas appliances, landlords are responsible for the installation pipework but not for the appliance itself.
If a tenant refuses to allow access for gas safety checks, landlords can’t simply give up! They must take all reasonable steps to ensure that these safety checks occur – this might involve writing to tenants to request access, and explaining the reasons for these checks. It is a good idea for landlords to keep a record of this correspondence, as it will help them to demonstrate the steps they took to meet their responsibilities.
Tenants should also be told what to do in the event of a gas emergency and how they can shut off the gas supply.
Supplier-related obligations
In a very limited number of cases, landlords may also have ‘supplier-related’ obligations. If a landlord is providing gas to tenants in any part of a building, such as a flat, they are not considered a gas supplier – however, this situation can change if the landlord provides gas for use in caravans and any other premises that are not considered buildings.
If a landlord is considered a ‘gas supplier’, they must ensure that they provide gas fittings and appliances that are safe to use normally, as outlined in the Gas Appliances (Safety) Regulations 1995. This means they need to use a ‘notified body’, or an appointed and independent third party, to assess whether or not a gas product complies with these regulations.
Gas appliances provided by suppliers also ought to display a CE marking, some identification of the manufacturer, the appliance category, and the type of electricity supply that can be used with the appliance.
Fitting certificates should be provided with gas fittings, and should contain an identification of the fitting, the name of the issuing company, a declaration that the fitting meets regulations, and a statement that it must be used in accordance with the appliance manufacturer’s instructions when installed as a replacement spare part.
What happens to landlords that fail in their gas safety obligations?
Landlords that fail to meet these requirements face enforcement actions from the Health and Safety Executive (HSE). If they do not comply with the HSE’s requirements, they could face fines of thousands of pounds, or even up to six months in jail.
Let 247 Home Rescue take care of all your responsibilities through our landlord cover plans! From CP12s, to immediate responses to home emergencies, you can rest assured your tenants are in safe hands when you’re with us!
Having problems with your boiler?
Don’t attempt to touch any part of your boiler or central heating system if you’re unsure. Did you know? It’s illegal for anyone to use a gas appliance if they think it’s unsafe. It’s always better to be safe than sorry as you could make things worse.
Instead, call us on 0345 3192 247 and we can help. Our technical team will run through some simple troubleshooting to see if your problem can be resolved on the phone or they can book one of our friendly and knowledgeable Gas Safe registered engineers to get you back up and running as soon as possible.
