Blog entry by Patti Tovar
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As a landlord it is your responsibility to make sure that all gas appliances, chimneys and flues are inspected every year. You must also give a copy of the report to your tenants.
If the engineer considers an appliance or installation to be immediately dangerous, they will request permission to shut off the gas supply and recommend that inspection hatches be put in place.
What is an Gas Safety Certificate (GSC)?
A landlord's gas safety certificate is an official document that proves that all gas appliances and flues within the rental property have been checked by an accredited gas engineer. The landlord must arrange for an annual gas inspection for each rental property that they have at least once a year. The inspection is performed by an gas safe register duplicate certificate Safe registered engineer and makes sure that all of the pipework and appliances as well as flues are in good working order and that they comply with the safety regulations.
The law also requires landlords to provide tenants with a copy of the CP12 Gas Safety Certificate, (Gas Safety Record), following each annual inspection and test for gas safety. The document should be handed out to tenants within 28 days following the Gas Safety Inspection and to new tenants at the start of their tenancy.
CP12 is the abbreviation for the CORGI Proforma 12 that was employed by CORGI before it was replaced in 2009 by the Gas Safe Register. The form lists the date of the last gas safety certificates inspection and test, the results, any actions or issues that need to be addressed, as well as the name of the person who performed the test.
If the Gas Safety check highlights any issues with a gas appliance and the engineer will give advice on what needs to be done to make it safe for use. If a device is deemed Immediately Dangerous, or Abnormally dangerous the gas supply needs to be disconnected until the problem is resolved.
If a tenant is unwilling to permit access to the gas safety checks to be completed, it is a criminal offence. A landlord can apply to the courts for an injunction order should it be necessary, but it is generally more efficient to simply send a strongly written letter stating why it is essential that the checks are carried out and what they will entail. This should entice tenants who are hesitant to allow access to the house. If not the landlord is not willing, he will have to begin the eviction process.
How often should I obtain a Gas Safety Certificate?
By law, landlords and agents for letting are required to conduct an annual gas safety inspection of the chimneys and gas appliances they offer to their tenants. This is to ensure that their equipment is safe for use and there are no gas leaks in the property. Gas inspections are a vital obligation for landlords and they should ensure that they are completed by a qualified engineer.
The Gas Safety Certificate (formerly the Gas Safety Check Record) is an official document that proves that the gas inspection was conducted by a qualified engineer within the past 12 months. It is issued to the landlord and must be handed over to the tenant to prove the safety of the gas supply. It is valid for a period of 12 months and must be renewed annually.
If a landlord fails to provide their tenants with the Gas Safety Certificate then they are breaking the law and could be penalized by the local authority. It is therefore essential for landlords to have their Gas Safety checks carried out on time and keep a copy of the documents in the event that a tenant asks for it.
It is also an excellent idea for landlords to set up inspection hatches on all gas appliances, so that engineers can easily access them for annual inspections. If the appliance is deemed to be 'at risk' during an inspection, the engineer will formally declare it to be at risk and will shut off the boiler and suggest that the tenant refrain from using it until the inspection hatch is installed.
Landlords should also make sure that they give tenants at least 24 hours notice prior to the time they enter the property to carry out Gas Safety checks. This gives tenants time to prepare for the visit and give permission if needed. If a tenant refuses entry to the engineer the landlord has to explain why this is necessary and what is a landlord gas safety certificate will happen in the event that the tenant refuses. If the tenant still refuses, then the landlord should look into evicting them pursuant to section 21 of the Housing Act 1988.
what is a gas safety certificate happens if you don't have a Gas Safety Certificate?
In essence it is the landlord's legal obligation to ensure that their home has a valid gas safety certification prior to the time tenants move in. Failing to do so is an offence that can cause landlords to be charged and liable to heavy fines. The regulations require that landlords are required to provide copies of the gas safety records to their tenants upon request.
Gas Safe registered engineers must visit the rental property of the landlord to conduct a gas inspection on all gas appliances. During the inspection the engineer will be able to identify any issues that may pose a risk for tenants. The engineer will issue a CP12 Gas Safety Document, also referred to as a Landlord Gas Safety Record (or a Gas Safety Certificate).
This is a crucial document that every tenant must take possession of and keep. This document provides information on gas installations in a rental home, including when they were tested and expiration dates. It can help tenants identify any issues with their appliances or installations and ensure they are aware of how to reach an Gas Safe engineer to have them examined.
Landlords are required to provide their current and new tenants with a gas safety inspection report within 28 days of the date that the engineer visits their property. They must also give a copy of the CP12 to the tenant on the day that their tenancy begins. Landlords who fail to provide a copy of the gas safety certificate may be prosecuted in accordance with the regulations and may be subject to unlimited fines or a six-month imprisonment.
Similar to this landlords must make sure that carbon monoxide detectors are working in their properties and make arrangements for them to be checked every month. The landlord is responsible for fixing any alarm that doesn't work. This is the case for councils, private landlords, and housing associations, as well as licensable houses of Multiple Occupation.
In June 2017 the High Court decided that it was illegal for landlords to issue Section 21 notices if they did not provide their tenants with an official gas safety certificate. The decision was based on the law that stipulates that landlords with assured shorthold tenancies must obtain an approved gas safety certificate for their property prior to when tenants move into.
How can I obtain a Gas Safety Certificate (GSC)?
Landlords are required by law to ensure that the gas appliances, flues and pipework in their properties are safe for tenants. Gas Safety (Installation and Use) Regulations 1998 regulate this. To comply with the regulations, landlords are required to arrange annual gas checks on all gas appliances and flues that they provide for use 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.
Landlords should consider having a boiler inspection done simultaneously with the CP12 inspection. This will ensure that all gas appliances are operating properly and safely. Landlords can usually receive a combination CP12 and boiler service for an affordable price from a qualified gas engineer. They will be able to check the seals on boiler burners, inspect the flue system for leaks and cracks, clean the burner and heat exchanger and conduct general maintenance.
The CP12 document is commonly referred to as the 'landlord gas safety certificate', however, it is officially referred to as the Gas Safety Record documentation. It includes the results of the safety inspections, and details of any problems or actions that must be addressed. Landlords are required to give tenants a copy of the CP12 document within 28 days of the Gas Safety check being completed.
It's important that landlords or letting agents only allow Gas Safe registered engineers to visit the property for safety checks and maintenance. It's important to educate tenants on the importance of giving gas engineers access to their property and explain that the engineer's presence is necessary to protect them from carbon dioxide poisoning. If the tenant does not allow access the agent or landlord must outline the legal obligations in writing. Then, they should visit the property and force entry if needed.
Tenants should always have a Gas Safe ID card from the engineer before they allow them into the home to prove that they're competent to work on your home's gas systems and is able 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 can i get a copy of my gas safe certificate shut off your gas supplies when necessary.