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Landlords: A Guide To Landlords' Duties: Gas Safety (Installation and Use) Regulations 1998

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124 views

Landlords: A Guide To Landlords' Duties: Gas Safety (Installation and Use) Regulations 1998

indg285(1)

Uploaded by

Ali Mohd
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Health and Safety

Executive

Landlords
A guide to landlords duties: Gas Safety (Installation and Use)
Regulations 1998

This leaflet is aimed at landlords and explains some of the main requirements of the
Gas Safety (Installation and Use) Regulations 1998. It also gives guidance on how
to comply with them (see the boxes). The leaflet will also be of interest to tenants,
making them aware of landlords duties.
Every year about 30 people die from carbon monoxide poisoning caused by gas
appliances and flues which have not been properly installed or maintained. Many
others also suffer ill health.
The Gas Safety (Installation and Use) Regulations 1998 specifically deal with the
installation, maintenance and use of gas appliances, fittings and flues in domestic
and certain commercial premises. They place duties on certain landlords* to ensure
that gas appliances, fittings and flues provided for tenants use are safe.
These duties to protect tenants safety are in addition to the more general ones
that landlords have under the Health and Safety at Work etc Act 1974 and the
Management of Health and Safety at Work Regulations 1999.

What type of property is covered?


The duties generally apply to appliances and flues provided for tenants use in
relevant premises, that is those occupied for residential purposes under either a
licence, a tenancy agreement for a set term, or a lease as defined in the
Regulations. Essentially any lease under seven years is covered.

What are my main duties as a landlord?


You are required to:

ensure gas fittings and flues are maintained in a safe condition. Gas appliances
should be serviced in accordance with the manufacturers instructions. If these
are not available it is recommended that they are serviced annually unless
advised otherwise by a CORGI-registered installer;
ensure an annual safety check is carried out on each gas appliance/flue. Before
any new lease starts, you must make sure that these checks have been carried
out within one year before the start of the lease date, unless the appliances in
the property have been installed for less than 12 months, in which case they
should be checked within 12 months of their installation date;

* Details of these landlords can be found in HSEs Approved Code of Practice on the
Regulations (see Further reading section).

HSE Gas Safety Advice Line 0800 300 363


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Health and Safety


Executive

have all installation, maintenance and safety checks carried out by a CORGIregistered gas installer;
keep a record of each safety check for at least two years;
issue a copy of the latest safety check record to existing tenants within 28 days
of the check being completed, or to any new tenant before they move in (in
certain cases there is an option to display the record).

The Regulations specify the gas safety matters to be covered. You should not
assume that an annual service inspection meets the safety check requirement, or
that a safety check will, on its own, be sufficient to provide effective maintenance.
Ask the advice of a CORGI-registered gas installer where necessary.

Which gas equipment is covered?


The safety check and maintenance requirements generally apply to any gas
appliance or flue installed in the relevant premises except that:

appliances owned by the tenant are not covered;


flues/chimneys solely connected to an appliance owned by the tenant are not
covered;
any appliances and flues serving relevant premises (such as central heating
boilers not installed in tenants accommodation, but used to heat them) are
covered.

The safety check does not apply to any gas appliance (such as gas fires provided
for customers in non-residential areas of public houses) that is exclusively used in a
part of premises occupied for non-residential purposes.
Your duty to maintain and carry out safety checks applies to fixed as well as
portable appliances, such as LPG cabinet heaters.

Can I delegate duties to a tenant?


No, except that a contract may be drawn up between a landlord or tenant for an
appliance or flue installed in a non-residential part of a premises, for example
shops and public houses etc. Your tenant has a duty not to use an appliance they
believe to be dangerous.

What happens if I use a managing agent?


The landlord retains overall responsibility for ensuring compliance with
requirements. The management contract should clearly identify who is to
make arrangements for maintenance and safety checks to be carried out
and to keep records.

What if the property is sub-let?


In these situations the original landlord may retain duties which overlap
with those acquired by the person who sub-lets. In such cases, close
co-operation and clear allocation of duties is essential to ensure that legal
duties are fully met, and that the terms of the contract properly safeguard
tenants safety.

Landlords: A guide to landlords duties: Gas Safety (Installation and Use) Regulations 1998

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Health and Safety


Executive

What action is required to gain access to property?


The contract you draw up with the tenant should allow you access for any
maintenance or safety check work to be carried out.
You have to take all reasonable steps to ensure this work is carried out,
and this may involve giving written notice to a tenant requesting access, and
explaining the reason. Keep a record of any action, in case a tenant refuses
access and you have to demonstrate what steps have been taken. If a
tenant continues to refuse access after repeated contacts, you may need to
consider proper action through the courts under the terms of the tenants
contract. However, do not use force to gain entry into the property.

How do I know whether the gas installer is CORGI-registered?


The installer should be able to provide you with a current CORGI photo ID card. The
card contains a photo of the installer, their CORGI registration number, their trading
title and the expiry date of the card. The reverse of the card details the areas of gas
work the installer is able to undertake. You can also call CORGI during normal office
hours on 01256 372300 or log on to the CORGI website on www.corgi-gas.com.

What if an appliance fails the safety check?


The safety check record will contain details of any defect identified and remedial
action taken. You must ensure that any safety defect is rectified (by a CORGIregistered gas installer) before the equipment is used again. It is recommended that
you keep copies of work done to rectify defects identified by the safety check.
It is an offence to use, or allow the use, of a gas appliance you know to be unsafe.
In no circumstances should you reconnect an appliance that you have been told is
unsafe, which has either been isolated or disconnected for safety reasons, until the
fault has been rectified.

What happens if I dont maintain my tenants gas appliances?


Failure to do so may result in loss of life. Not only that, you risk being prosecuted,
and this could result in you facing a maximum penalty of 5000 for each offence. If
the case is then referred to the Crown Court the maximum penalty may be an
unlimited fine and the possibility of imprisonment.

What action do I take in the event of a gas escape?


If you smell gas, or suspect there is a gas escape, you should immediately do the
following:

Open all doors and windows.


Shut off the gas supply at the meter control valve (if you know where it is). If gas
continues to escape call Transco on the Gas Emergency Freephone Number
0800 111 999.
In the case of suspected carbon monoxide leakage, follow the above
procedure, except if you are able to identify the specific appliance at fault. In
this case you should consult a CORGI-registered installer to investigate and
make repairs.

Landlords: A guide to landlords duties: Gas Safety (Installation and Use) Regulations 1998

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Health and Safety


Executive

If you provide liquefied petroleum gas (LPG) for use by a tenant in premises other
than a building, eg a caravan or holiday home park, you must discuss emergency
arrangements with your LPG supplier and agree what action to take in case of a
gas escape or emission of carbon monoxide from any LPG appliance.

Further reading
If you would like more detailed information on the subject, you will find the following
HSE publication useful: Safety in the installation and use of gas systems and
appliances. Gas Safety (Installation and Use) Regulations 1998. Approved Code of
Practice and guidance L56 (Second edition) HSE Books 1998 ISBN 0 7176 1635 5.

Further information
For more advice, landlords can contact the Small Landlords Association,
Tel: 020 7828 2445.
HSE priced and free publications are available by mail order from HSE Books,
PO Box 1999, Sudbury, Suffolk CO10 2WA Tel: 01787 881165 Fax: 01787 313995
Website: www.hsebooks.co.uk (HSE priced publications are also available from
bookshops and free leaflets can be downloaded from HSEs website:
www.hse.gov.uk.)
For information about health and safety ring HSEs Infoline Tel: 0845 345 0055
Fax: 0845 408 9566 Textphone: 0845 408 9577
e-mail: [email protected] or write to HSE Information Services,
Caerphilly Business Park, Caerphilly CF83 3GG.
HSEs Gas Safety website:
www.hse.gov.uk/gas/index.htm

HSE Gas Safety Advice Line 0800 300 363


This guidance is issued by the Health and Safety Executive. Following the
guidance is not compulsory and you are free to take other action. But if you
do follow the guidance you will normally be doing enough to comply with the
law. Health and safety inspectors seek to secure compliance with the law and
may refer to this guidance as illustrating good practice.
Crown copyright This publication may be freely reproduced,
except for advertising, endorsement or commercial purposes.
First published 10/02. Please acknowledge the source as HSE.

Published by the Health and Safety Executive

INDG285(rev1)

10/02

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