Technical Article For Landlords
Any gas appliance in a property (other than a gas appliance which a tenant is entitled to remove should they vacate the property) that is owned by a landlord that is rented out must be checked for gas safety within 12 months of the installation date of the appliance and then within 12 months after. This is a requirement of Regulation 36 (Duties of Landlords) of the Gas Safety (Installation and Use) Regulations 1998 (GSIUR). In addition, there are other statutory obligations placed upon the Landlord under the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999.
Examples of landlords who provide properties for rent are:
- Local authorities
- Housing associations
- Private sector landlords
- Housing co-operatives
- Hostel organisations
Examples of rented accommodation are:
- Bed-sitting room accommodation
- Rooms let in private households
- Bed and Breakfast accommodation
- Nursing homes
Examples of rented holiday accommodation are:
- Mobile homes
- Boats on inland waterways
Examples of other accommodation that would come within the scope of Regulation 36 are boarding schools and university/college halls or residence All of these examples would require a Landlord Gas Safety Record Check to be carried out and a copy of the record form given to the tenant. In places such as hotel accommodation and nursing homes, it would be sufficient for a copy of the record form to be placed in a convenient position for the residence to see.
In a hotel or other such property where the heating for individual rooms and the hot water provision is provided from a communal boiler, a Landlord Gas Safety Record check would still be required for the communal boiler. Again, it would be acceptable for the record check form to be displayed at a convenient position for the residents to see.
Commercial kitchens in hotels, where members of the public are not permitted to go, would not require a Landlord Gas Safety Record check to be carried out on the appliances as they are in a wholly nonresidential part of the property. However, the responsible person for the commercial kitchens would be obliged to have all the appliances maintained as detailed by the appliance manufacturers servicing instruction as part of their duties under the Health and Safety at Work etc Act 1974.
What needs to be checked and recorded when carrying out a Landlord Gas Safety Record check Regulation 36 specifies what needs to be checked and recorded when carrying out a Landlords Gas Safety Record check of all appliances owned by the Landlord in a property that is ‘rented’ out. The information that must be recorded on the record form is:
- The date the appliance or flue wasexamined
- The address where the gas equipment is installed
- The landlord’s name and address or, where necessary, their managing agent
- A description of the appliance or flue
- The location of the appliance or flue
- Recognition and recording of any defects
- Recording any remedial work carried out
- The name and address of the operative carrying out the record check and their CORGI registration number Against each landlord appliance checked, the following information must be recorded on the record form:
- The appliance operating pressure and/or heat input or where necessary both
- The correct operation of any safety devices
- Ensure that the ventilation is correct for the appliance
- Visual examination of the flue
- The results of a flue flow test where applicable
- The results of a spillage test where applicable
- That the flue termination is satisfactory
- And that the appliance is safe to use
What are the legal requirements for landlords when they have received the Landlord Gas Safety Record form?
Once the Landlord Gas Safety Record form has been completed and passed to the Landlord, the Landlord must ensure that the tenant receives a copy within 28 days of the check being carried out.
For properties such as hotels, hostels, halls of residence, etc, a copy of the record form needs to be displayed in a prominent position within 28 days of the check being carried out. A copy of the current Landlord Gas Safety Record form must be passed to any new tenant of the relevant premises before the tenant occupies the premises See also tenants vacating a property below).
The Landlord, or where appropriate their agent ,also has a legal duty to keep copies of the record form for two years from the date the record check was carried out.
Note: It is important to remember that the record form is not a pass or fail certificate but a record of all of the Landlords’ appliances in the rented property and is a report on the condition of the gas pipework. Therefore the
landlord needs to consider any defects identified and take appropriate action as necessary, this may also include any defects identified on tenants own gas appliances.
Gaining access into the property
The landlord will have to make suitable arrangements with their tenants, usually through a tenancy agreement, to ensure access to their property to enable the gas safety check to be carried out.
The responsibility to have the gas safety record check remains with the landlord or their agent and cannot be passed onto the tenant. Therefore where a situation should arise where a tenant refuses access, the Landlord or their agent needs to make arrangement to gain access to have the gas safety check completed.
If the tenant still refuses access, the landlord or their agent must keep records of all letters and personal visits to try and gain access in case it may be required at a later date if the situation results in court action.
It is important to note that making forced entry to a property is not a requirement of Regulation 36 of GSIUR.
Tenants vacating a property
Where tenants move out of a property and before it is re-let, the empty or ‘void’ property should have all the gas appliances and gas pipework owned by the landlord (see Note) in that property checked, to ensure that there are no unsafe appliances or any pipework with open ends.
The checks should include a gas tightness test of the gas pipework and as a minimum, a visual inspection of the appliances. Checks should ensure that there are no signs of spillage or incomplete combustion and that the flue is operating correctly. Ventilation should also be checked to ensure that it is correct for the appliance.
Although a Landlord Gas Safety Record form may be current, it is beneficial that the landlord or agent have a record of the visit to show to the new tenants.
Note: Occasionally tenants may leave a gas appliance in the property that the Landlord may adopt and therefore will require a full Landlord Gas Safety Record check to be carried out on it and a record form produced. Alternatively the landlord may wish to remove the appliance.
Employing a CORGI registered installer to carry out the gas safety check.
The landlord or their agent will require the services of a CORGI registered operative to carry out the Landlord’s Gas Safety Record check. The operative must have the appropriate proof of competence to carry out the work. All CORGI registered operatives are issued with a CORGI identification card that will have details registration on the front and details of gas work that the operative is deemed competent to undertake on the reverse.
A landlord or their agent can contact CORGI Customer Service Department 401 2300 to verify the information operatives identity card.
Servicing/maintenance of gas appliances
The Landlord Gas Safety Record check minimum gas safety checks required specified in Regulation 36 to ensure appliances owned by the landlord operating safely.
This is a minimum requirement in addition to the regular and maintenance of the appliance( The appliance manufacturer’s servicing/maintenance instructions will provide what they expect to be serviced/maintained and the recommended frequency. In practical terms the appliance(serviced at the same time that the record check is being carried out.
Management of Health and Safety Work Regulations 1999 (MHSWR)
In addition to the GSIUR, the landlord will have to satisfy the appropriate MHSWR. The current version of the which came into force in December should be used in conjunction with and Safety at Work etc Act. The MHSWR the core duties of employers and employees on occupational health and safety apply to landlord or agents to ensure tenants are not placed in any undue property that they are renting. There requirement under the MHSWR for or agents to carry out a general risk that should:
- Identify the hazards
- Identify who might be harmed
- Evaluate the risks from the identified hazards
- Record the significant findings in retrievable form
- Provide the findings for review
The MHSWR also places a responsibility the landlord or agent to ensure that operative is working in a property,
is not placed in any undue risk. Finally, the requirement for landlords have gas safety checks carried out appliances is not a paper work exercise effort to reduce carbon monoxide incidents.
Any gas appliance in a property that is owned by a landlord must be checked for gas safety