Tag: Acts & Regulations

CP12’s & Gas Safety Regulations

CP12’s & Gas Safety Regulations

What are your landlord responsibilities for gas safety?

The Gas Safety (Installation and Use) Regulations 1998 outline your duties as a landlord to make sure all gas appliances, fittings, chimneys and flues are safe and working efficiently. If you’re letting a property with gas appliances installed, you’ve got three main legal responsibilities:

1. Gas safety checks

To ensure your tenants’ safety, all gas appliances and flues need to undergo an annual gas safety check – and always by a Gas Safe registered engineer. Once this has been done, you’ll be given a Landlord Gas Safety Record or Gas Safety certificate with details of all the checks that were carried out. It can also be referred to as a CP12 certificate.

You can arrange for a gas safety check to be carried out any time from 10-12 months after the last check, without affecting the original check expiry date. If it’s less than 10 or more than 12 months after the last check, you’ll end up with a new deadline date – 12 months from the most recent check.

Appliances owned by your tenants aren’t your responsibility – although it’s still up to you to ensure the safety of any connecting flues, unless they’re solely connected to the tenants’ appliance.

2. Gas Safety Record

Following the annual gas safety check and receipt of your Landlord Gas Safety Record, you’ll need to provide a record of this check to your tenants. By law, a copy of your Landlord Gas Safety Record should be given to your current tenants within 28 days of the gas safety check – and for new tenants, you’ll need to provide this at the start of their tenancy.

For rental periods of less than 28 days, just make sure you’ve clearly displayed a copy of your record within the property. You’ll need to keep copies of this gas safety check record until a further two checks have been carried out..

3. Maintenance

You’ll need to make sure that all gas pipework, appliances, chimneys and flues are kept in safe condition. Check the gas appliances’ manufacturer guidelines to find out how often a service is recommended. If you haven’t got access to these, we’d recommend an annual service – unless your Gas Safe registered engineer suggests otherwise.

Installation pipework isn’t covered by the annual gas safety check, but both we and the HSE recommend that when you request a safety check, you ask your Gas Safe registered engineer to:

  • Test for tightness on the whole gas system, including installation pipework
  • Visually examine the pipework (so far as is reasonably practicable)

There are no formal requirements for you to keep maintenance records, but you’ll need to be able to show that you have regularly maintained the pipework, appliances and flues and completed required repairs.

How much does a Landlord Gas Safety check cost?

The cost of your Landlord Gas Safety check will depend on the Gas Safe registered business who carries out your annual gas safety check. We recommend getting at least three quotes from companies before arranging for the check to be carried out. You can find a registered business in your local area on our Check The Register page. 

Additional information

It’s always a good idea to ensure your tenants know where and how to turn the gas off and what to do in the event of a gas emergency.

In Scotland, a private landlord must provide a carbon monoxide (CO) detector where there is fixed combustion appliance, but this does not apply to appliances solely used for cooking.  In Northern Ireland, a CO detector is required when a new or replacement combustion appliance is installed.

Last but not least, make sure it’s always a Gas Safe registered and qualified engineer that’s carrying out gas work or a gas safety check. Landlords are legally required to make sure this is the case – and it’s the most important step to ensuring your tenants’ safety.

Any issues?

We understand that some relationships between landlords and tenants can become problematic. The tenancy agreement should allow access for maintenance or safety checks, but if your tenant refuses to grant access you must show you’ve taken all ‘reasonable steps’ to comply with the law. This includes repeating attempts to carry out the checks and writing to the tenant to explaining that safety checks are a legal requirement in place for their own safety. Keep a record of any action you take; you may need this at a later date.

The Gas Safety (Installation and Use) Regulations don’t give powers to ‘force disconnection’ of the gas supply in these circumstances and you may need to seek legal advice.

Landlord Acts & Regulations Introduction

Landlord Acts & Regulations Introduction

Acts and regulations impose duties and responsibilities on landlords to ensure that the property is completely safe and that all electrical appliances installed are safe throughout the life of the tenancy…

You’ll need to inspect your appliances regularly and ensure that you keep records of all periodic inspections. It is important to be aware of them to ensure that you are compliant and to avoid penalties. Acts and regulations such as the Housing Act 2004 cover a range of issues and introduced regulatory systems such as the Housing Health and Safety Rating System.In additional legislation such as Consumer Protection Acts place liability on landlords to ensure that their property complies with 29 categories of hazard under the Housing Health and Safety Rating System. Therefore to ensure that your property is fit for letting under these acts and regulations, you should follow a series of measures such as providing valid gas safety certificates and taken reasonable precautions to ensure that your premises are free from dangerous defects.

The Housing Act 2004

These explanatory notes has been prepared by the Office of the Deputy Prime Minister to assist the reader in the understanding of the 2004 housing act.

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Electrical Equipment Regulations 1994

Provides informations regarding the measures and levels of safety and consumer protection in respect to electrical equipment as laid down in law by the secretary of state.

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The Gas Safety (Installations and Use) regulations 1998

This summarises the main changes of the Gas Safety Regulations 1998 and their effects for enforcement.

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The Regulatory Reform (Fire Safety) Order 2005.

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Landlord and Tenants Covenant Act 1995

An act that makes provisions, in some circumstances for those under a tenancy agreement to be released from it and the circumstances surrounding such a proceedure.

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The Unfair Terms in Consumer Contracts Regulations 1999

When adding your own terms to a tenancy agreement, we recomend that you familiarise yourself with this regulation.

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Liability for land and premises legislation

Covers the:

  • OCCUPIERS’ LIABILITY ACT 1957
  • OCCUPIERS’ LIABILITY ACT 1984
  • DEFECTIVE PREMISES ACT 1972
  • OCCUPIERS’ LIABILITY ACT 1984

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More to come July 2020 >