Landlord Gas Safety Certificate and Boiler Service
As a landlord it is your responsibility to make sure that all gas appliances as well as chimneys and flues are inspected every year. The law also requires that you give a copy of the check to your tenants.
If the engineer considers that a particular appliance or installation is immediately dangerous, they will request permission to cut off gas supply and recommend the installation of inspection hatches.
What is what is a Gas Safety Certificate (GSC)?
A gas safety certificate issued by a landlord is an official document that proves that all gas appliances and flues that are in the rental property were inspected by an experienced gas engineer. Landlords are legally required to organize a gas safety check once per year for each rental property they own. Gas Safe registered engineers carry the inspection and verify that all pipes, appliances and flues conform with safety regulations.
The law also requires landlords to give tenants a copy of the CP12 Gas Safety Certificate, (Gas Safety Record) after each annual inspection and test for gas safety. This must be given to current tenants within 28 days of the Gas Safety inspection and given to new tenants at the beginning of their lease.
CP12 is an abbreviation for the CORGI Proforma 12 which was used by the Council for Registered Gas Installers (CORGI) before being replaced by the Gas Safe Register in 2009. The form includes the date of the most recent gas inspections and tests, the results, any steps that need to be taken, and the name and name of the engineer that conducted the test.
If the Gas Safety check highlights any problems with a gas device the engineer will provide advice on what must be done to ensure it is safe for use. If how long does a gas safety certificate last is deemed Immediately Dangerous, or Abnormally lethal the gas supply needs to be shut off until the issue is resolved.
If a tenant does not allow access for gas safety checks to be carried out, it is a criminal offence. If necessary, a landlord can ask the courts for an order to prohibit the tenant from preventing the gas safety checks. However, it's more common to write a letter that clarifies why the checks are vital and what is involved. This should encourage tenants who are hesitant to allow access to the house. If not the landlord is not willing, he will have to initiate the eviction process.
How often should I obtain a Gas Safety Certificate?
Landlords and letting agents are required by law to carry out an annual gas safety inspection on all flues and gas appliances that they provide to tenants. This is to ensure that the appliances are safe to use and that there are no gas leaks in the building. Gas inspections are a vital obligation for landlords and they should ensure that they are conducted by a licensed engineer.
The Gas Safety Certificate (formerly the Gas Safety Check Record) is a legal document that confirms that the gas inspection was conducted by a qualified engineer within the last 12 months. It is issued by the landlord and should be provided to the tenant to prove the safety of gas supply. It is valid for a period of 12 months and has to be renewed each year.
If a landlord fails to provide their tenants with an Gas Safety Certificate then they are in violation of the law and could be penalized by the local authority. Gas Safety checks must be carried out by landlords on time. They must keep a copy in case tenants request it.
It is also a good idea for landlords to put inspection hatches on all gas appliances, so that engineers can easily access the hatches for annual inspections. If the appliance is deemed to be 'at risk' during an inspection the engineer will declare it to be at risk and will shut off the boiler and recommend that the tenant not use it until the inspection hatch is installed.
The landlords should also ensure that they give tenants a minimum of 24 hours notice before they visit the property to perform Gas Safety checks. This gives tenants time to plan their inspection and request permission, if required. If a tenant does not allow the engineer access the landlord must send a letter to them explaining the reason for the visit and what happens if they don't follow through. If the tenant continues to refuse then the landlord should consider evicting them using section 21 of the Housing Act 1988.
What happens if I don't get a Gas Safety Certificate?
In short it is the landlord's legal obligation to ensure that their property is equipped with a valid gas safety certification prior to the time tenants move into the property. Failing to do so is an offence that can cause landlords to be charged and liable to heavy fines. The regulations state that landlords must also furnish copies of the gas safety certificates to their tenants upon request.
Gas Safe registered engineers must visit the rental home of the landlord to perform an inspection of the gas supply to all gas appliances. During the inspection, an engineer will note any problems that could pose a risk to tenants. The engineer will then issue an CP12 Gas Safety Document, also known as a Landlord Gas Safety Record (or a Gas Safety Certificate).
This is a crucial document that every tenant should keep. It includes information about the gas installations of the rental property, as well as details on when they were last checked and the expiry dates. It can help tenants identify any issues with their installation or appliances and ensure that they are aware of how to reach an Gas Safe engineer to have them tested.
Landlords are required to provide their new and current tenants with a gas safety report within 28 days of the date that the engineer visits their property. The landlord must also give an original copy of CP12 at the beginning of the tenancy. Landlords who do not provide a copy of the gas safety certificate could be prosecuted under the regulations and may be subject to unlimited fines or six months imprisonment.
Similar to this landlords must ensure that carbon monoxide detectors are in operation in their properties and make arrangements for them to be checked every month. The landlord is accountable for repairing any alarm that doesn't work. The rules governing this apply to council, private, and housing association landlords, as well as licensable houses of Multiple Occupation (HMOs).
In June 2017, the High Court ruled that it was illegal for landlords to serve Section 21 notices without providing their tenants with a valid gas Safety Certificate. The decision was based on the law that stipulates that landlords with assured shorthold leases must have a gas safety record for their property prior to when tenants move in.
How do I get a Gas Safety Certificate?
Landlords are legally responsible to ensure that gas appliances, flues and pipework in the homes they lease are safe. Gas Safety (Installation and Use) Regulations 1998 deal with this. To ensure compliance with the regulations, landlords are required to conduct annual gas checks of all gas appliances and flues that they install for use in a property. This is referred to as a CP12 gas safety certificate. It must be filled out by a qualified Gas Safe registered engineer after each inspection.
Landlords should consider performing a boiler inspection at the same time as a CP12 inspection. This will ensure that all gas appliances are working properly and safely. Gas engineers can offer the combination CP12 inspection and boiler service at a reasonable cost. They will examine the seals of boiler burners as well as look for cracks and leaks in the flue system and clean the heat exchanger, and carry out general maintenance.
The CP12 is sometimes called "landlord's gas safety certificate" but it is actually known as the Gas Safety Record Documentation. It contains the results of the safety inspections, and specifics of any issues or actions that should be addressed. Landlords must provide their tenants a CP12 document not later than 28 days after the Gas Safety Check is completed.
It's important that the landlords or letting agents allow Gas Safe registered engineers to visit the property to conduct safety checks and for maintenance. It is a good idea to inform tenants of the importance of allowing access and explain that the gas engineer will help keep them safe from carbon monoxide poisoning. If the tenant is unwilling to allow access it's the landlord's or letting agent's responsibility to explain the legal responsibilities in writing, and follow up with a visit to the property to force entry if necessary.
Gas Safe ID cards should be requested by tenants before allowing them to enter the property. This will prove that the engineer has the necessary qualifications to work with your home's systems and therefore be trusted to conduct the safety check. It is also important to keep in mind that the gas engineer is legally permitted to shut off any malfunctioning equipment and can cut off your gas supply when necessary.