As a south west London landlord, the annual reminder for the gas safety certificate can seem to come round faster every year – but it gives you the reassurance that your tenants and property are safe.
Failing to comply with the law could result in severe penalties including heavy fines or even a prison sentence, so if you have a house in Wimbledon or a flat in Raynes Park it is essential to make gas safety an annual management priority.
Yes, you have a legal responsibility to make sure your property is safe by booking a gas safe registered engineer to carry out an annual gas safety check. In 1998 new installation and use gas safety regulations were introduced to ensure all gas appliances, installations pipework, fittings, chimneys and flues work efficiently and safely in rental property.
After the engineer has completed the comprehensive tests you will be given a document called the Landlord Gas Safety Certificate listing the results, previously known as a CP12.
A copy should be given to the tenants within 28 days and new tenants should be get it before they move in. Any repairs needed will be identified by the engineer. You are not obliged to check any appliances owned by the tenant you did not provide. If a serious safety issue is discovered engineers should repair it or can disconnect the gas supply to prevent any danger. If no valid certificate exists before tenants move in it should be arranged urgently so it is in force in advance.
If you are a landlord, you will need a gas safety certificate for your rental properties. The check is not the same as a gas service which is more detailed and should follow the manufacturer’s instructions.
If you cannot find the previous certificate or take on a new property you can contact your engineer or the Gas Safety Register for records of the original installation after 2009.
Laws covering health and safety in the UK impose a legal requirement on landlords to carry out an annual gas safety check. The regulations stipulate the need for annual checks to ensure gas appliances and flues are maintained in a safe condition. Full details can be found here.
They set out what information should be recorded on the document including the engineer’s name, registration number, signature, address of the rental property, everything that has been inspected and any defects found and remedial action.
Your engineer will examine each of your gas appliances including the boiler and the flues that supply them for leaks and any wear and tear. They will test the gas pressure for any carbon monoxide leaks. Installation pipework is not covered by the check but the Health and Safety Executive advise landlords to ask the engineer to test the whole gas system pipework when feasible.
The document comes in a standard format with black and yellow sections containing the engineers report and you can find an example here. It will cover gas appliances in your property you own including cookers, fires, boilers and water heaters to show they meet safety regulations and will be signed with a date of the inspection.
Each certificate remains valid for a year but the renewal check can be arranged 10-12 months after the last one was issued. There is no legal grace period for renewal, and without a certificate, the landlord will be seen as breaking the law.
In rare circumstances tenants may not respond to requests for a gas safety check appointment. In these unusual cases you should keep records of three written communications asking for access, and if this too fails, you may decide to begin Section 21 eviction proceedings.
It is not possible to serve a Section 21 notice to evict your tenants without a valid gas safety certificate for the property for tenancies that started after 1st October 2015. Before issuing the eviction, the tenant must be given the landlord gas safety record and energy performance certificates to make it legal.
Ensuring an annual gas safety inspection is one of your most important landlord’s responsibilities as part of your duty of care to your tenant. Without regular checks and maintenance gas appliances may become dangerous. Flues or pipework can get blocked, and it may lead to carbon monoxide leaks which can be fatal. A recent survey found 15% of landlords did not have a valid certificate.
Penalties are harsh and fines can be imposed of £6000 or a six month prison sentence for an expired certificate. If a landlord is found to be liable for the death of a tenant, they could face a manslaughter charge.
The Health and Safety Executive can prosecute landlords who fail to organise a gas safety check and tenants can also report concerns to the council’s environmental health team.
If you are a landlord in any part of south west London from Wandsworth to Kingston we would be happy to give you expert advice on your legal responsibilities. Contact us today and we can help with property management which can be complex to navigate so you do not have to worry.
Ticking off the items on this list will help you keep track of your legal responsibilities when renting out a property.
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