Landlord Gas Safety Certificate and Boiler Service
As a landlord, it's your responsibility to make sure that all gas appliances, flues, and chimneys undergo annual inspections. You should also provide a copy to your tenants.
If the engineer considers an appliance or installation as being immediately dangerous they will ask for permission to disconnect the gas supply and recommend that inspection hatches be put in place.
What is a Gas Safety Certificate?
A landlord's gas safety certificate is an official document that certifies that all gas appliances and flues within the rental property were inspected by an experienced gas engineer. Landlords are legally required organize a gas safety check annually for each rental property they own. The inspection is performed by a Gas Safe registered engineer and makes sure that all pipes and appliances as well as flues are in good working condition and that they are in compliance with the safety regulations.
Landlords are also required by law to provide tenants with copies of the CP12 Gas Safety Certificate (Gas Safety Record) at the end of each year's gas safety inspection and test. The certificate should be given to current tenants within 28 days of the Gas Safety inspection and given to any new tenants at the beginning of their lease.
CP12 is the abbreviation for the CORGI Proforma 12 that was used by CORGI before it was replaced in 2009 by the Gas Safe Register. The form identifies the date of the last gas inspection or test, the results, any actions or issues that need to be addressed, as well as the name of the engineer who carried out the test.
If the Gas Safety check highlights any problems with a gas appliance, the engineer will advise on what should be done to make it safe for use. If certificate cost is found to be Immediately Dangerous, or Abnormally lethal the gas supply should be shut off until the issue is resolved.
If a tenant is unwilling to permit access to the gas security checks to be conducted the tenant is guilty of a criminal offence. A landlord can ask the courts for an injunction if necessary, however it is generally easier to simply send a strongly written letter stating why it is essential that the checks are carried out and what they will entail. This will encourage a reluctant tenant to let access in, and in the event that they do not, the landlord may need to consider starting the eviction process.
How often should I renew my Gas Safety Certificate?
The law requires that landlords and letting agents are required to conduct an annual gas safety inspection on all gas appliances and chimneys they offer to their tenants. This is to ensure that their equipment is safe for use and that there aren't gas leaks in the property. Gas inspections are an essential responsibility for landlords, and they must ensure they are completed by a qualified engineer.
The Gas Safety Certificate (formerly the Gas Safety Check Record) is a legal document that confirms that the gas inspection was performed by a licensed engineer within the past 12 months. It is given to the landlord and should be given to the tenant as proof of the security of the gas supply. It is valid for a period of 12 months and must be renewed each year.
A landlord who does not provide the Gas Safety Certificate for their tenants could be fined. Gas Safety checks must be completed by landlords in time. They should keep a copy in case tenants ask for it.
Installing inspection hatches in all gas appliances is a good idea, because it lets engineers easily access the appliances to conduct annual inspections. If the appliance is found 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 has been installed.
Landlords must also provide their tenants with at least 24 hours' notice before entering the property to conduct Gas Safety Checks. This gives tenants time to plan their inspection and request permission, if required. If a tenant is refusing access to the engineer the landlord has to explain the reason for this and what will happen should the tenant refuse. If the tenant continues to refuse then the landlord should think about evicting them under section 21 of the Housing Act 1988.
What is the consequence if I don't have a Gas Safety Certificate?
In essence it's the landlord's legal responsibility to ensure that their home has a valid gas safety certificate before tenants move in. Infractions to this law can result in the landlord being charged or fined heavily. The regulations require 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 a gas inspection on all gas appliances. During the inspection the engineer will take note of any issues that may cause a threat to tenants. The engineer will issue the 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 should keep. This document contains information about gas installations in a rental property as well as the date they were tested and their expiration dates. It can assist tenants in identifying problems with appliances or installations and make sure that they are aware of how to contact the Gas Safe Engineer to have them checked.
Landlords are required to provide their current and new tenants with a gas safety inspection report within 28 days of the engineer's visit to their property. They must also provide a copy the CP12 to the tenant on the day their tenancy commences. Landlords who do not provide a copy of the gas safety certificate may be prosecuted under the regulations and could face unlimited fines or six months imprisonment.
In the same way landlords must ensure that carbon monoxide detectors are in operation in their homes and make arrangements for them to be checked every month. The landlord is accountable for repairing an alarm that does not work. This is the case for private landlords, councils and housing associations as well as licensable Houses of Multiple Occupation.
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 certification. 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 the time tenants move in.
How can I obtain a Gas Safety Certificate (GSC)?
Landlords have a legal responsibility to make sure that the gas appliances, flues and pipework within their properties are safe for tenants. Gas Safety (Installation and Use) Regulations 1998 deal with this. To be in compliance with the regulations landlords must conduct annual gas checks of all gas appliances and flues they provide for use in the property. This is referred to as a CP12 gas safety certificate. It must be completed by a certified Gas Safe registered engineer after each inspection.
It's also an excellent idea for landlords to think about having an annual boiler service performed at the same time as the CP12 inspection, since it will help ensure that all gas appliances are operating properly and safely. Gas engineers can offer an integrated CP12 inspection and boiler service for a reasonable price. They will inspect the seals on boiler burners, inspect for leaks and cracks within the flue system, clean the heat exchanger and carry out general maintenance.
The CP12 document is commonly referred to as the 'landlord gas safety certificate' although it is officially called the Gas Safety Record documentation. It contains the results of all safety inspections and details of any actions or problems that need to be resolved. Landlords must provide their tenants with a copy of the CP12 document within 28 days of the Gas Safety check being completed.
It is important that landlords and letting agents allow Gas Safe registered engineers access to the property to conduct safety inspections and for maintenance. It's a good idea educate tenants on the importance of allowing access and explaining that the gas engineer will protect them from carbon monoxide poisoning. If the tenant is unwilling to permit access, it's the landlord or letting agent's responsibility explain the legal responsibilities in writing, and follow up with a visit to the property to force entry if needed.
Gas Safe ID cards should be requested by tenants prior to allowing them to enter the property. This will confirm that the engineer has the necessary qualifications to work with the systems in your home and can therefore be trusted to perform the safety inspection. It's also worth bearing in mind that the gas engineer is legally able to disconnect faulty equipment and can shut off your gas supply when necessary.