Is Your Gas Safety Up To Date?
AS A LANDLORD YOU HAVE CERTAIN RESPONSIBILITIES IN ORDER TO KEEP YOUR PROPERTY NOT ONLY COMPLIANT, BUT A SAFE AND HABITABEL SPACE FOR YOUR TENANTS.
Gas safety inspections are a crucial responsibility that legally must be carried out. The law states this must be done annually, either on or before the anniversary. They can be carried out up to 2 months prior to the expiry and this provision is likely to ensure that there is never a reason for a property to not have a current gas safety inspection in force (i.e. in the unlikely eventuality that you cannot gain access to the property/urgent works need carrying out).
The law makes it very clear that the landlord is responsible for all gas appliances, fittings and flues that are provided within the property. These inspections and any maintenance that is required to be carried must only be done so by a gas safe registered engineer. Records must be kept for 2 years and copies provided to each tenant within 28 days. When a new tenant moves into a property, they must also be provided with a copy of the current gas safety certificate.
There is no exception in residential dwellings for the landlord to ask the tenant to be responsible for these inspections, to either be carried out on their behalf or to make sure that they have been carried out.
These annual inspections are used to survey the safety of all gas appliances, gas pipework flues from gas appliances and to check for any leaks in the system, not to carry out any routine maintenance. Should the engineer recommend any remedial works be carried out or report any serious faults, they should be dealt with as soon as possible. Details of the works should then be held on file as proof that any recommendations have been rectified.
What if you have trouble gaining access to the property?
A landlord must keep a record to show that they have taken all reasonable steps to comply with the law. You must show that you have gone to great lengths to contact the tenant and try to come to an arrangement to communicate with them, in order to gain access for the inspection. HSE will look for at least three attempts to complete a gas safety check. However, it would be down to the courts to decide if you were reasonable in your attempts to comply with your legal obligations and consider any impact/implications resulting from the inspection not being carried out or a delay in doing so.
Aside from the seriousness of making sure the property is regularly inspected to make sure it is in a safe state to live, noncompliance can also be considered a criminal offense. You may also want to note that a landlord cannot serve a valid section 21 notice to gain possession of the property if they have not provided the tenant with a copy of the gas safety inspection.
Ultimately the property is your legal responsibility, and it is the landlord’s duty to make sure that they are aware of their legal obligations. We recommend that you visit the HSE website and review the information held on the gas safety register.
With the above in mind, are annual gas safety inspections part of your regular landlord duties?