Landlord Gas Safety Certificate and Boiler Service
As a landlord it is your responsibility to make sure that all gas appliances, chimneys and flues are regularly inspected. The law also requires you provide a copy the check to your tenants.
If the engineer deems any device or installation to be immediately dangerous, they will ask permission to cut off the gas supply and suggest that inspection hatches be put in place.
What is what is a Gas Safety Certificate?
A landlord gas safety certificate is a document which demonstrates that all the gas appliances in the rental property and flues have been examined by a certified gas engineer. Landlords must arrange an annual gas inspection for each rental property they own at least once per year. Gas Safe registered engineers carry out the inspection and check that all pipework, appliances and flues comply with safety regulations.
The law also requires landlords to give tenants a copy of the CP12 Gas Safety Certificate, (Gas Safety Record), following every annual inspection and test for gas safety. This should be provided to tenants in the 28 days of the Gas Safety inspection and given to any new tenants at the start of their tenure.
CP12 is the abbreviation of the CORGI Proforma 12 that was used by CORGI before it was replaced in 2009 by the Gas Safe Register. The form shows the date of the last gas inspection or test and the results, any actions or issues that need to be addressed, as well as the name of the person who conducted the test.
The engineer will give advice in the event that the Gas Safety Check reveals any issues with the gas appliance. This will include what needs to be fixed in order to ensure it is safe to use. If an appliance is deemed dangerous immediately or abnormally dangerous the gas supply should be turned off until the issue has been resolved.
If a tenant does not allow access for gas security checks to be conducted the tenant is guilty of an infraction that is punishable by law. If necessary landlords can apply to the courts for an order to stop the tenant from refusing to allow gas safety inspections. However, it is often easier to send a letter which describes why the check is important and what's involved. This should make a tenant more hesitant to give access, and in the event that they do not, the landlord might need to consider starting the eviction process.
How often should I get a Gas Safety Certificate?
Landlords and letting agents are legally required to conduct an annual gas safety inspection on all flues and gas appliances that are supplied to tenants. Gas safety certificate is to ensure that their equipment is safe for use and that there aren't gas leaks in the property. Gas inspections are a crucial obligation for landlords and they should ensure that they are completed by a certified 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 past 12 months. It is issued by the landlord and must be presented to the tenant to prove the security of the gas supply. It is valid for 12 months and needs to be renewed each year.
A landlord who fails to provide an Gas Safety Certificate for their tenants could be fined. It is therefore essential for landlords to ensure that their Gas Safety checks carried out in a timely manner and keep a copy of the documents in case a tenant needs it.
Installing inspection hatches in all gas appliances is a good idea because it lets engineers quickly access the appliances 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 may disconnect the boiler and advise that the tenant refrain from using it until the inspection hatch is installed.
Landlords should also make sure that they provide their tenants with a minimum of 24 hours notice before they are allowed to enter the property to carry out Gas Safety checks. This will allow tenants to prepare for the visit and give permission if necessary. If a tenant is unwilling to permit the engineer to enter, the landlord should inform them the reason for the visit and what will happen if they don't comply. If the tenant still refuses the engineer entry, then the landlord must look into evicting them pursuant to section 21 of the Housing Act 1988.
What is the consequence if you don't possess a Gas Safety Certificate?
In short it's a landlord's legal duty to ensure that their property is equipped with a valid gas safety certification before tenants move into. Failure to adhere to this law could result in the landlord being prosecuted or fined heavily. The regulations state that landlords are required to provide copies of gas safety certificates to their tenants upon request.
Landlords must have an Gas Safe registered engineer visit their rental property to perform a gas check on all gas appliances. During the inspection, an engineer will be able to identify any issues that could be a threat to tenants. The engineer will issue an CP12 Gas Safety Document, which is also referred to as a Landlord Gas Safety Record (or a Gas Safety Certificate).
This is an important piece of documentation that every tenant must be able to access and keep. This document contains information about gas installations in rental properties, including when they were tested and expiration dates. It can help tenants spot any issues with their appliances or installation and ensure they know how to contact a Gas Safe engineer to have them tested.
Landlords must provide an inspection report on gas safety to their tenants, both new and existing within 28 days of the date that the engineer has visited their property. They must also provide a copy the CP12 to the tenant on the day their tenancy commences. Landlords who fail to provide an original copy of the gas safety certificate could be prosecuted under the regulations and may be subject to unlimited fines or a six-month imprisonment.
In the same way landlords must ensure that carbon monoxide detectors are working in their properties and have them checked every month. If the alarm isn't working, the landlord should repair it. The rules governing this apply to council, private, and housing association landlords, and also to licensable houses of multiple Occupation (HMOs).
In June 2017 in June 2017, the High Court decided that it was unlawful for landlords to issue Section 21 notices if they did not provide their tenants with a valid gas safety certificate. The ruling was based on the law that requires landlords who have assured shorthold leases to obtain a gas safety certification for their property before tenants move into it.
How do I obtain a Gas Safety Certificate?
Landlords have a legal responsibility to make sure that the gas appliances, flues and pipework in their homes are safe for tenants. Gas Safety (Installation and Use) Regulations, 1998 cover this. In order to comply with these regulations, landlords must conduct annual gas inspections on all the gas appliances and flues they install in the property. This is known as a CP12 Gas Safety Certificate, and it has to be completed by a certified Gas Safe Registered Engineer after each inspection.
It's also recommended for landlords to think about having a boiler service carried out at the same time as the CP12 inspection, as it will help ensure that all the gas appliances are operating in a safe and efficient manner. Gas engineers can offer a combined CP12 inspection and boiler service at a reasonable cost. They will check the seals on boiler burners as well as look for leaks and cracks in the flue system and clean the heat exchanger and perform general maintenance.
The CP12 document is commonly called the 'landlord's gas safety certificate' however, it is officially referred to as the Gas Safety Record documentation. It outlines the outcomes of all the safety checks and details of any actions or issues that need to be addressed. Landlords must provide their tenants with a copy of the CP12 document within 28 days of the Gas Safety check being completed.
It's important that the landlords or letting agents permit Gas Safe registered engineers to visit the property to conduct safety checks and for maintenance. It's a good idea inform tenants of the necessity of allowing access, and explaining that the gas engineer will ensure they are safe from carbon monoxide poisoning. If the tenant is unwilling to let access in, it's the landlord or letting agent's duty to clarify the legal obligations in writing and then follow with a visit to the property to compel entry if needed.
Tenants should always ask to be shown a Gas Safe ID card from the engineer before entering the premises, as this will prove that they are properly qualified to work on your home's gas systems and can be trusted to complete the gas safety check efficiently and effectively. It is also important to keep in mind that the gas engineer is legally allowed to disconnect faulty equipment and cut off gas lines when necessary.