Landlords of residential premises have duties under the Gas Safety (Installation and Use) Regulations 1998 to arrange maintenance by a Gas Safe registered engineer for all pipe work, appliances and flues, which they own and have provided for their tenants use. Landlords must also arrange for an annual gas safety check to be carried out every 12 months by a Gas Safe registered engineer. They must keep a record of the safety check for 2 years and issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in.
If your tenant does not have a current gas safety record he can report you to HSE via a form which is readily available on the Internet.
Landlords must only use a Gas Safe registered engineer for maintenance and safety checks on gas equipment they own and provide for tenants use in domestic premises. The Gas Safe Register is the gas safety registration scheme that replaced CORGI.
The Gas Safe Register has recently made the following recommendations:
Landlords should fit inspection hatches as soon possible to enable inspection of concealed flues. Inspection will ensure flues are correctly fitted, and safe from dangers such as carbon monoxide leaks.
Hatches should be at least 300mm square and positioned within 1.5m of any joint in the flue system.
Concealed flues run through voids in buildings, so the change will mainly affect landlords who own flats and apartments.
From 1 January 2013, if the engineer cannot view a concealed boiler flue along its length, it will classify the installation as "At Risk" for the safety of the occupants (the previous classification was "Not to Current Standards"). The engineer will formally advise occupants that the boiler is "At Risk", turn it off with their consent and advise them not to use it until inspection hatches are fitted.
A tenant who is advised to turn off a boiler after 1 January 2013 might argue that its landlord is in breach of its repairing covenant or refuse to pay rent. It follows that landlords may need to act promptly, both as a matter of good practice and to avoid future conflict.
Landlords may need to take action now to avoid boilers being turned off after the deadline.
For further information or assistance in this area just contact Nick Lambert or Elizabeth Shaw on 0114 266 6660, alternatively, email [email protected]
