Landlords Landlords and Letting Agents
Landlords or their agents have a statutory duty to:
Ensure that fittings and flues are maintained in a safe condition. This means that you should have gas installations and appliances serviced regularly and keep a record of the service.
Have a safety check carried out on all gas appliances and flues annually or within 12 months before the start of a new tenancy.
Check gas installations and appliances immediately before the start of any new tenancy, even if the gas safety certificate is still current.
Have all installation, maintenance and safety checks carried out by a Gas Safe Registered Engineer only.
Keep a record of each safety check for 2 years – the Gas Safe Registered Engineer will issue this.
Give a copy of the Gas Safe Registered Engineer’s safety check report to each current tenant within 28 days of the safety check, or to new tenants before occupation.
The statutory regulations are: Gas Safety (Installation and Use) Regulations 1998. These regulations are enforced by the Health and Safety Executive.
If a landlord does not have a valid gas safety certificate, or does not do works required, the Health and Safety Executive (HSE) has the power to prosecute. Failure to follow gas safety requirements is a criminal offence and can be punished by fines or imprisonment.
What other responsibilities does the landlord have?
All private landlords have to have a valid Gas Safety Certificate for all the gas equipment in the accommodation they rent out. Gas safety certificates can only be given by Gas Safe Registered engineers and are valid for 12 months or until the tenancy changes hands. In order to give a gas safety certificate the engineer has to check:
The gas supply, Gas appliances, Gas flues & Ventilation.
Landlords must keep copies of the inspection report and certificate and should keep records of any works carried out. You can ask for a copy. If the gas engineer notices any problems the landlord has to fix them. If a landlord fails to do this or fails to provide a gas safety certificate it is a criminal offence. The Health and Safety Executive can prosecute.
Penalties
If the landlord has managing agents and it has been agreed that they will arrange for the gas safety check, the agents could themselves be prosecuted independently of the landlord under regulation 36, pursuant to section 36(1) of the 1974 Act.
For a single breach of one of these Gas Safety Regulations the maximum penalty in the lower court (Magistrates’) is £20,000 or up to one year imprisonment for any offences after 16th January, 2009.
In the Crown Court any offences, after 16th January, 2009 can carry an unlimited fine or up to 2 years imprisonment