Gas Safety Certificate For Landlords
It is important to remember that only landlords are responsible for ensuring the safety of gas. This is true for landlords who own residential properties and those who lease rooms or holiday homes.
Before they can put their properties on the market landlords must show that the pipes and appliances they have installed in their homes are safe. Gas safety certificates can assist in achieving this.
What is a Gas Safety Certificate?
If you're a landlord or homeowner, you need to adhere to the law when it comes to maintaining your gas appliances and installation in good functioning order. That's why every property owner must be issued a gas safety certificate at least once per year. What is a gas certificate? Who needs one?
Gas Safe Certificates, also known by the name Landlord Gas Safety Record are official documents issued by a Gas Safe engineer who has completed a full inspection of your rental property's gas appliances and flues. The engineer will also test 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 yearly inspection. It will list all the gas appliances that were inspected and installations, along with their make, model and location within your home. The engineer will then state whether they found the appliances to be safe for use or not, and will provide details of the work that needs to be done to ensure the security of your tenants.
You will need to provide your Landlord Gas Safety Certificate to your tenants within 28 days after the service. You should also provide it to tenants who are new when they start their tenancy. Failure to do this could result in fines, or even criminal prosecution, so it's important to be aware of your obligations.
Although homeowners do not need a Gas Safety Certificate, it's an excellent idea to obtain one every year. This will not only set your mind at ease about the state of your heating and gas appliances, but can also help you detect any issues in advance. This can save you a lot of time and money in the long term.
Gas Safety Certificates are extremely useful to prospective buyers when you're selling your home. They can prove that you've taken good care of all your gas appliances and installations. It also speeds up the conveyancing as it does not require any additional inspections.
Who needs an attestation of gas safety?
As an owner, it is your responsibility to ensure that all gas appliances and flues that are in your rental home are safe for your tenants. You'll need to arrange for regular inspections from an Gas Safe registered technician to ensure that everything is functioning correctly.
You'll need to give your tenants a copy the Gas Safety Certificate once the inspection has been completed. It is best to have this completed prior to when your current tenants move in or at the start of any new leases. You should keep an original copy for yourself as well as records of any maintenance carried out on gas appliances that are in your property.
Landlords are legally required to have their properties checked for gas safety at least once every 12 months. This includes both the landlord's own gas appliances, as well as any appliances provided to tenants.
If you are a landlord without a valid gas certificate safety, you could face massive fines (upto PS6,000) and legal actions from your tenants, or even criminal charges. The most significant risk is that one of your tenants could be injured or killed as a result of defective appliances in your rental property.
Only gas safety certificate grace period are qualified to conduct an Gas Safety check. This is because they are trained to safely examine, service and test gas appliances and installations. Landlords can verify if an engineer is registered with the Gas Safe Register by checking their ID card. It has a unique Hologram.
It is very rare for a tenant not to allow access to the rental property in order to perform a Gas Safety Check. However it can happen. In these situations it is crucial for the landlord to explain the legal requirement and how carbon monoxide can be very dangerous if it is not detected in time.
If the tenant is refusing to let an engineer in the property, then the landlord could be tempted to issue a Section 21 notice that ends their tenancy. This should be accompanied with an explanation of the reason they are being forced out. For instance, non-payment of rent or severe damage to the property.
How do I get an gas safety certificate?
A gas safety certificate is required for landlords to show that their rented properties meet the requirements of the government. Some tenants will refuse to allow a gas engineer in their residence for this reason which can be frustrating for landlords. Landlords should ensure tenants know that gas engineers aren't spying, and they only need to enter their homes in order to fill out a legally required document. This will help reduce the number of tenants who deny access to gas inspections.
The Landlord Gas Safety Record is issued by the gas engineer when the required checks. This is also commonly known as a CP12 which is a reference to CORGI Proforma 12. CORGI was the Council for Registered Gas Installers until it was replaced by the Gas Safe Register in April 2009.
The landlord is required to provide their existing tenants with a copy the document within 28 days (about four weeks) of the time the check is completed. The landlord must also provide an applicant an original copy when they sign the Tenancy agreement. The landlord should also make sure that a carbon dioxide detector has been installed in every room that has fixed combustion appliances, but not gas cookers. Smoke alarms should be installed on every floor of the property. Landlords can get more information on these requirements, including free leaflets and an Approved Code of Practice for the management of gas Installations and Appliances in a Rental Property (Appendix 3), on the HSE website.
If a landlord is unable to gain access to the property in order to perform the necessary gas safety inspections, they may apply for a section 21 notice to evict tenants. It is important to note that a notice under section 21 is only valid if the landlord has attempted at least three times to gain access for the gas safety check and has kept a record of the attempts. If the landlord does not follow the correct procedure and attempts to evict their tenants illegally, they may be accused of harassment and could face heavy fines.
Why do I require a gas safety certification?
Landlords must be issued an official certificate of gas safety to ensure that the property they lease is safe for tenants. Gas engineers should conduct regular checks to make sure that all appliances are safe to use. Also, they should ensure that the gas pipework, appliances, and flues are in good working order.
This will prevent any accidents, fires or carbon monoxide poisoning which could be caused by defective equipment. Gas Safety Certificates are important for landlords to be current. They could be fined when they don't.
Landlords must be able to show that their annual gas safety inspection was completed on time. You can verify your Gas Safe Register online or request a copy from the engineer who visited the property. If any of the appliances are identified as dangerous or defective, the landlord must get them fixed immediately to protect the safety and health of the tenant.
Some landlords may have difficulty persuading their tenants to let them access the property for the gas safety checks. This could be due to a variety of reasons, such as the fact that they believe it's a violation of privacy or they are currently in a dispute with their landlord. If this is the case, it's recommended to ask the landlord to write an explicit letter stating the reasons why gas safety checks are required and what they will entail. The letter can be sent via recorded delivery and should give the tenant 14 days to reply.
If the tenant is still refusing to give access to the landlord, they should consider taking additional steps. This could involve writing an Section 21 notice or applying to the court for an injunction that will force the tenant to allow access. This is a serious measure that should only be considered only in the case of a last resort.