|
Frequently Asked Questions
Gas Safety Check FAQ
What are my duties as a landlord in relation to gas safety?
As a landlord, you are responsible for the safety of your tenants. You are responsible for the maintenance and repair of flues, appliances and pipe work which you own and have provided for your tenants use by a Gas Safe registered engineer . Although there is no prescribed timeframe for these duties, good practice would be the demonstration of regular, annual maintenance checks and subsequent repairs. You are also responsible for ensuring an annual gas safety check is carried out within 12 months of the installation of a new appliance or flue which you provide and annually thereafter by a Gas Safe Registered engineer. You 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.
What are my duties as a letting/management agent in relation to gas safety?
Landlords who use agents to manage properties need to ensure that the management contract clearly specifies who is responsible for carrying out the maintenance and safety check duties, and keeping associated records. If the contract specifies that the agent has responsibility then the same duties under the Gas Safety (Installation and Use) Regulations 1998 that apply to a landlord apply to you.
In this situation an agent must arrange maintenance by a Gas Safe registered engineer [4] for all pipe work, appliances and flues, which the landlord owns and provides for the tenants use. You must also arrange for an annual gas safety check to be carried out every 12 months by a Gas Safe registered engineer. You 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.
My tenant shares the property in return for ‘rent’ (sub-letting)
As the original landlord you are still responsible for gas safety checks. You cannot transfer this responsibility to your tenant who is sub-letting. If your property is wholly sub-let, your contract with your tenant must clearly allocate the responsibility for completing the gas safety check.
I have a family member staying rent-free in my home
Although a gas safety check is not required under the regulations, HSE strongly recommends that you maintain and service gas appliances as recommended by the manufacturer.
I employ domestic staff, who live in my home
You are classed as a landlord, so you need to arrange an annual gas safety check.
I have a lodger who pays me rent
You are classed as a landlord, so you need to arrange an annual gas safety check.
I allow students to stay with me for short periods, such as exchange trips
If a student stays with you for short periods and you are paid for things such as the students’ food, then you take on the duties of a landlord and must arrange for regular gas safety checks.
My property is empty
You must ensure that all appliances/flues are safe and have an up to date gas safety check record to be provided for the new tenants before they move in.
I own a shop and rent out the flat above
Domestic gas duties apply to the flat, so you must arrange an annual gas safety check.
How often do I need to arrange a gas safety check?
You must ensure that a gas safety check is done every year on each gas appliance/flue. Before any new lease starts, you must make sure that these checks have been done within one year before the start of the lease date.
|