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You probably already know that you need a gas safety certificate for your property,
but you might not be completely familiar with all your
obligations as a landlord under the regulations.
Every year about 14 people die from carbon monoxide poisoning caused by
gas appliances and flues which have not been properly installed or maintained.
The Gas Safety (Installation and Use) Regulations 1998 specifically deal
with the installation,
maintenance and use of gas appliances,
fittings and flues in domestic and certain
They place duties on certain landlords to ensure that gas appliances,
fittings and flues provided for tenants’ use are safe.
These duties to protect tenants’ safety are in addition to the more
general ones that
landlords have under the Health and Safety at Work etc Act 1974 and the
Management of Health and Safety at Work Regulations 1999.
You should not assume that an annual
service inspection meets the safety check requirement,
or that a safety check will, on its own, be sufficient to provide effective maintenance.
Ask the advice of a Gas Safe registered engineer where necessary.
The safety check and maintenance requirements generally apply to any
gas appliance or flue installed in the ‘relevant premises’ except that:
The safety check does not apply to any gas appliance
(such as gas fires provided for customers in
non-residential areas of public houses)
that is exclusively used in a part of
premises occupied for non-residential purposes.
Your duty to maintain and carry out safety checks applies to
fixed as well as portable appliances,
such as LPG cabinet heaters.
No, except that a contract may be drawn up between a landlord or
tenant for an appliance or flue installed in a non-residential part of a premises,
for example shops and public houses etc. Your tenant has a duty not to use an
appliance they believe to be dangerous.
The landlord retains overall responsibility for ensuring compliance with requirements.
The management contract should clearly identify who is to make arrangements for
maintenance and safety checks to be carried out and to keep records.
Not only that, you risk being prosecuted, and this could result in you
facing imprisonment or a
fine of up to £20,000, or both, for each offence.
If the case is then referred to the Crown Court the maximum penalty
may be imprisonment, or an unlimited fine, or both.
HSE guide to landlords’ duties under the Gas Safety
(Installation and Use) Regulations 1998.
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