5 Laws Anybody Working In Gas Safety Certificate And Boiler Service Should Be Aware Of
Landlord Gas Safety Certificate and Boiler Service
As a landlord it is your responsibility to ensure that all gas appliances, chimneys and flues are regularly inspected. The law also requires that you give a copy of the check to your tenants.
If the engineer determines that any appliance or installation is immediate danger they will ask permission to shut off the supply of gas and recommend the installation of inspection hatches.
What is what is a Gas Safety Certificate?
A gas safety certificate for landlords is a document which demonstrates that all of the gas appliances in the rental property and flues have been examined by a qualified gas engineer. Landlords are legally required arrange a gas safety check every year for each rental property they own. Gas Safe registered engineers carry out the inspection and check that all pipework, appliances and flues are in compliance with safety regulations.
Landlords are also required by law to provide their tenants with an original copy of the CP12 Gas Safety Certificate (Gas Safety Record) after each annual gas safety inspection and test. The certificate should be provided to tenants within 28 days following the Gas Safety Inspection and to new tenants at the start of their lease.
CP12 is an abbreviation of the CORGI Proforma 12 which was used by the Council for Registered Gas Installers (CORGI) before being replaced by the Gas Safe Register in 2009. The form shows the date of the last gas inspection or test as well as the results of these, any actions or issues that need to be addressed, and the name of the person who performed the test.
If the Gas Safety check highlights any problems with a gas device the engineer will provide advice on what must be done to make it safe for use. If an appliance is deemed to be immediately dangerous or Abnormally Lethal the gas supply must be disconnected until the issue has been solved.
If a tenant refuses to allow access for the gas security checks to be conducted it is an infraction that is punishable by law. A landlord can apply to the courts for an injunction should it be necessary, but it is usually much easier to send a clearly worded letter explaining the reason why the checks are conducted and what they will involve. This will encourage a tenant who is reluctant to allow access to the property. If not the landlord has to start the eviction procedure.
How often should I get a Gas Safety Certificate?
Landlords and letting agencies are required by law to conduct an annual gas safety check on all flues and gas appliances that they provide to their tenants. This is to ensure that the appliances are safe to use and that there are no gas leaks within the property. This is a crucial obligation and landlords must ensure that they have their gas inspections completed by a qualified gas engineer.
The Gas Safety Certificate, formerly known as the Gas Safety Check Record, is a legal document that confirms that an engineer has completed a gas inspection within the last 12 months. It is issued by the landlord and should be presented to the tenant in order to demonstrate the security of the gas supply. It is valid for a time of 12 months and has to be renewed annually.
A landlord who fails to provide a Gas Safety Certificate for their tenants could be penalized. Gas Safety checks must be performed by landlords on time. They should keep a copy in the event that tenants request it.
It is also a good idea for landlords to set up inspection hatches on all gas appliances so that the engineers can easily access the hatches for annual inspections. If the appliance is deemed to be 'at risk' during an inspection the engineer will categorise it as such and will shut off the boiler and advise that the tenant refrain from using it until the inspection hatch has been installed.
Landlords should also make sure that they give tenants a minimum of 24 hours notice before they are allowed to enter the property to carry out Gas Safety checks. This allows tenants time to plan their inspection and request permission if needed. If a tenant refuses to permit the engineer to enter the landlord must write to them explaining the reason for the visit and what happens if they don't follow through. If the tenant is unwilling to allow the engineer entry, the landlord may decide to evict the tenant under section 21 of the 1988 Housing Act.
What happens if you don't own a Gas Safety Certificate?
In essence, it's the landlord's legal responsibility to ensure that their home has a valid gas safety certification before tenants move into the property. Failing to do so is an offense that could result in landlords being prosecuted and subject to severe fines. The regulations stipulate that landlords must also provide copies of the gas safety certificates to their tenants upon request.
Gas Safe registered engineers must visit the rental home of the landlord to perform an inspection of the gas supply to all gas appliances. During the inspection, the engineer will note any issues that could cause a threat to tenants. The engineer will then issue an CP12 Gas Safety Document, also known as a Landlord Gas Safety Record (or a Gas Safety Certificate).
This is an important document that every tenant should be able to access and keep. This document provides information on gas installations in a rental home and the dates they were tested and their expiration dates. It can help tenants spot any issues with their installation or appliances and make sure that they are aware of how to contact a Gas Safe engineer to have them tested.
Landlords are required to provide their current and new tenants with a gas safety check report within 28 days of the date that the engineer visits their property. They must also provide a copy the CP12 to the tenant on the day that their tenancy begins. Landlords who fail to provide an original copy of the gas safety certificate can be prosecuted under the regulations and face unlimited fines or six months imprisonment.
In the same way, landlords should ensure that carbon monoxide detectors are working in their homes and have them tested every month. The landlord is responsible for repairing any alarm that doesn't work. The rules governing this are applicable to private, council and housing association landlords as well as licensable Houses of Multiple Occupation (HMOs).
In June 2017, the High Court ruled that it was illegal for landlords to serve Section 21 notices without providing their tenants with a valid gas Safety Certificate. The ruling was in accordance with the law that states that landlords of assured shorthold tenancies must have a gas safety record for their property before tenants move into the property.
How do I obtain a Gas Safety Certificate?
Landlords are required by law to make sure that the gas appliances, flues, and pipework in their properties are safe for tenants. This is covered under the Gas Safety (Installation and Use) Regulations 1998. To be in gas certificates with the regulations landlords must conduct annual gas checks on all gas appliances and flues they provide to tenants. This is known as a CP12 Gas Safety Certificate and must be completed by a qualified Gas Safe Registered Engineer after each inspection.
Landlords should consider having a boiler inspection done at the same time as an CP12 inspection. This will ensure that all gas appliances are operating properly and safely. Gas engineers can offer a combined CP12 inspection and boiler service for a reasonable price. They will check the seals on boiler burners as well as look for leaks and cracks in the flue system and clean the heat exchanger and carry out general maintenance.
The CP12 document is often called the 'landlord's gas safety certificate', although it is officially called the Gas Safety Record documentation. It contains the results of all the safety checks and details of any actions or issues that need to be addressed. Landlords must provide their tenants with a copy of the CP12 document within 28 days of the Gas Safety check being completed.
It's important that the landlords or letting agents permit Gas Safe registered engineers to access the property to conduct safety checks and for maintenance. It's a good idea inform tenants about the importance of allowing access and explaining that the gas engineer is there to ensure they are safe from carbon monoxide poisoning. If the tenant does not allow access the agent or landlord must explain the legal obligations in writing. They should then go to the property and force entry if necessary.
Gas Safe ID cards should be requested by tenants prior to entering the property. This will prove that the engineer is competent to work on your home's systems and therefore be trusted to carry out the safety check. Be aware that a gas engineer is able to legally disconnect defective equipment or shut off the gas supply in case of need.