Regarding renting a property, gas safety is a fundamental part of managing a lease and there are legal obligations that must be met to ensure that tenants are safe. The checks to be performed are part of the requirements to comply with the 1998 gas safety regulations (installation and use). To comply with the legislation, you must provide a gas safety report from the owner, commonly known as a landlord gas safety certificate registered engineer of gas safe .
After the verification, the certificate must contain the following:
- A description and location of each verified device and / or flue.
- Name, registration number and signature of the engineer who carried out the check.
- A date on which the device and / or the chimney has been verified.
- The address of the home where the appliance and / or the fireplace is installed.
- The name and address of the lessor (or his agent if applicable).
- Every defect that has been identified and every required action or action to resolve it.
- Confirmation of the results of the operational safety checks carried out on the devices.
Why do owners need a gas safety certificate?
Landlords need a gas safety certificate because they have a duty to offer their tenants a safe home. Otherwise this can lead to financial sanctions, imprisonment or both. Consequences for non-compliance with the gas safety regulations can be:
- Conviction of the lessor or managing agent;
- A fine of £ 6,000 for each violation and / or 6 months imprisonment;
- Insurance coverage may become invalid due to non-compliance; and
- If there is a loss of life, the culprit can be accused of involuntary manslaughter.
Landlords must ensure that a record of the updated gas safety check is provided to existing tenants within 28 days of completion and that new tenants receive a copy of a valid check (completed within the last 12 months) before your lease starts
In addition to safety requirements, owners in England must provide a gas safety certificate in order to present a section 21 notification in a valid manner. The certificate is part of a series of documents called “prescribed information” that must be issued at the start of a lease. If the landlord certificates has not been provided, any notification of article 21 is invalid and the landlord should use article 8 to complete the lease.
Recent case law suggests that the lack of the issue of a gas safety certificate cannot be remedied at a later date, that is, if you do not give your tenant a copy of the certificate before the lease starts, you cannot rely on Hand it in later to to validate your Section 21. If you encounter this situation, NLA members can call our advice line for help on 020 3239 0374.
What are my responsibilities as a landlord?
As a landlord, you must be clear about what is expected of you to ensure compliance with the regulations and to offer safe accommodation. Under UK law, owners are responsible for maintenance, for ensuring security controls, and for maintaining annual controls.
Owners must ensure that a registered Gas Safe engineer annually verifies the safety of gas appliances and pipelines. If a device has been installed on your property for less than six months, a verification must be made within 12 months of the date of installation.
he new regulations introduced in April 2018 gave the owners the flexibility to perform security checks at any time 10 to 12 calendar months after the previous check, while maintaining the expiration date of the original check.
Homeowners should note that gas appliances that are the exclusive property of tenants are not their responsibility; however, every connecting pipe and smoking pipe remain the responsibility of the owner.
You must maintain gas safety certificates for two years. If you have used the flexibility to maintain the due date of the check, you must keep the two previous certificates to prove that you have complied with the law. Records can be stored electronically when a hard copy can be produced when necessary, the data is stored securely and the engineering.
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