Landlords Gas Safety Checks

Gas Safety Checks for Rented Properties and Gas Safety Checks for Leased Properties

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Since 1996 all landlords have a legal obligation to have a gas safety inspection carried out at their properties at least every 12 months. This is to ensure that all gas appliances and pipework are in safe working order. To comply with the regulation the following must be checked:

• Appliance Gas pressures and flame picture
• The operation of safety devices
• Satisfactory ventilation
• The effectiveness and visual condition of the flue

About 30 people die every year in the UK through poorly installed or badly maintained gas appliances and flues resulting in deadly carbon monoxide poisoning.

Residential landlords or their agents are responsible for the safety of tenants and the Gas Safety (Installation and Use) Regulations 1998 enforced by the Health & Safety Executive (HSE). They deal with the duties of landlords to ensure that gas installations, appliances, fittings and flues provided for tenants are safe.

Severe penalties for non-compliance can be imposed and deaths could result in manslaughter charges for landlords and agents. Non compliance is a criminal offence and courts can impose unlimited fines and custodial sentences. This may also invalidate your property insurance and could subsequently lead to claims for civil damages - awards in these cases have proved to be very high indeed.

All Landlords have a common law duty to ensure that gas installations and appliances supplied with their properties are safe. Tenants also have certain legal obligations when it comes to gas safety - see below.

In the case of residential properties, landlords (or their agents) have a statutory duty to arrange annual Gas Safety Checks by a registered GAS SAFE installer.

A copy of the GAS SAFE safety certificate must be given to the tenant on entry and within 28 days of the annual check. A copy must also be retained by the landlord for 2 years.

With commercial properties the lease should determine who has responsibility for gas safety: tenant or landlord. If you as landlord (or agent) have supplied the equipment and taken on the service responsibility you should arrange for annual maintenance and a GAS SAFE safety check.