Gas Safety Certificate For Landlords
It is vital to keep in mind that it is only landlords that are accountable for gas safety checks. This is true for landlords of residential dwellings and those who rent rooms or holiday accommodations.
Before they can put their property for sale, landlords must be able prove that the pipes and appliances they have installed in their homes are safe. Gas safety certificates can help in achieving this.
What is a Gas Safety Certificate?
If you're a landlord or homeowner, you must to comply with the law in regards to keeping your gas appliances and installations in good functioning order. This is why every property owner should get their gas safety certificate at least once per year. What is a gas certificate? Who needs one?
A Gas Safe Certificate, also known as a Landlord Gas Safety Record, is an official document that is issued by a licensed Gas Safe engineer after carrying an exhaustive inspection of all the gas appliances and flues in your rental home. The engineer will also ensure that the ventilation passages in your home are clean to avoid the risk of carbon monoxide accumulating in your home.
The Gas Safe Certificate will detail the results of your annual inspection. The Gas Safe Certificate will provide the results of your yearly inspection. It will list all the gas appliances and installations that were inspected as well as their model, make and model, as well as the location of your property. The engineer will also state whether they found the appliance to be safe for use or not, and detail any work that needs to be completed to ensure the security of your tenants.
You will have to give your Landlord Gas Safety Certificate to your tenants within 28 days after the service. It is also required to provide it to tenants who are new when they start their tenancy. In the event of a delay, it could result in fines, or even criminal prosecution, so it's important to be aware of your obligations.
Even though homeowners don't need a Gas Safety Certificate to live safely, it is still recommended to obtain one each year. This will not only set your mind at rest about the condition of your gas and heating appliances, but can help you identify any issues early. This can help you save time and money in the long run.
If you're planning to sell your house, a Gas Safety Certificate will prove an invaluable asset to prospective buyers as it will demonstrate that you've taken care of your gas appliances and installations. Additionally, it will expedite the process of conveyancing since it doesn't require additional checks.
Who needs a gas safety certificate?
As a landlord it is your responsibility to ensure that all gas appliances and flues within your rental property are safe. You'll have to arrange for regular inspections from a Gas Safe registered technician to ensure that everything is working correctly.
You'll need to give your tenants a copy of the Gas Safety Certificate once the inspection has been completed. Ideally, this will be completed before your tenants move in or at the beginning of any new leases. Keep a copy of the document for yourself and keep records of any maintenance performed on the gas appliances in your home.
Landlords are legally obliged to have their properties checked for gas safety at a minimum every 12 months. This includes both the landlord's personal gas appliances as well as any appliances provided to tenants.
If you're a landlord who doesn't have a valid gas safety certificate, you could face huge fines (up to a total of PS6,000), court action from your tenants or even an indictment. The biggest risk is that one of your tenants could be injured or killed due to faulty appliances in your rental property.
The only people who can conduct an Gas Safety Check are Gas Safe engineers. Only Gas Safe professionals are trained to inspect and service appliances and installations safely. Landlords can verify the engineer's Gas Safe Register registration by looking at their ID card, which has an exclusive hologram.
While it's uncommon for a tenant to deny access to their rental property in order to allow the Gas Safety Check, it is possible to do so. In these instances, it is important that the landlord explains to the tenant why this is a mandatory obligation and how harmful carbon monoxide can be if not detected in time.
If the tenant is refusing to allow an engineer in the property, then the landlord could decide to issue a Section 21 notice that ends their tenancy. This should be accompanied with an explanation of why they're being removed. For example rent arrears, non-payment or severe damage to the property.
How do I obtain a gas safety certificate?
Landlords need gas safety certificates to ensure their rental properties meet the regulations of the government. Some tenants will not let a gas engineer into their residence for this reason and this can be a source of frustration for landlords. Landlords must try to convey to their tenants that gas engineers are not agents of the state and require access only to complete an important, legally required document. This will reduce the number tenants who refuse access to gas inspections.
Once the gas engineer has conducted the necessary checks and is satisfied that all appliances are safe to use, they will issue the Landlord Gas Safety Record document. It is also referred to as a CP12 which is a reference to CORGI Proforma 12. CORGI used to be the Council for Registered Gas Installers, but was replaced in April 2009 by the Gas Safe Register.
The landlord must give an original copy to current tenants within 28 days (about 4 weeks) after the inspection is completed. A new tenant will be provided with an original copy of the check when they sign the tenancy contract. The landlord must also ensure that a carbon monoxide detector is installed in every room used as living accommodation which has fixed combustion appliances (excluding gas cookers) and that smoke alarms are connected to each floor of the property. Landlords can find more information about these requirements, including free brochures and an Approved Code of Practice for the Management of Gas Installations and Appliances in the rental Property (Appendix 3), on the HSE website.
If a landlord cannot gain access to their property to perform the necessary gas safety checks, they may apply for a section 21 notice to evict the tenants, if appropriate. A notice under section 21 is only valid if the landlord has made at least three unsuccessful attempts to gain access to the property to conduct the gas safety test and kept records of those attempts. If a landlord does not adhere to the proper procedure for entry and then tries to expel tenants using illegal means, they may be accused of harassment and face heavy fines from regulators.
Why do I need a gas safety certificate?
Landlords need to have an approved certificate of gas safety to ensure that the property they rent is safe for tenants. This means they have to get regular checks done by an approved gas engineer to make sure that any appliances are safe to use. It also means that they must make sure the gas pipework, appliances, and flues are in good working order.
This can help prevent fires or accidents which could be caused by defective appliances, while also helping to reduce the chance of carbon monoxide poisoning which can occur when an appliance isn't properly installed or maintained. Gas Safety Certificates are important for landlords to be current. They could be fined when they don't.
Landlords must be able to prove that they have carried out their annual gas safety inspections on time. They can prove this by checking their Gas Safe register online, or by obtaining the most recent certificate from the engineer who inspected the property. The landlord must fix any appliances that are unsafe or faulty immediately to protect the safety of the tenant.
Some landlords may have difficulty persuading their tenants to let them access the property for the gas safety checks. It could be because they feel that it is an invasion of their privacy, or are in a dispute with their landlord. If this is the case, it's a good idea for the landlord to write an explicit letter stating the reasons why gas safety checks are necessary and what they'll mean. The letter can be delivered by recorded delivery and the tenant will have 14 days to respond.
If the tenant does not give access to the landlord, they should take additional steps. This could include the use of a Section 21 Notice or applying an Injunction in court. But, this is a serious step that should only be considered as an option last resort.