All Landlords have a common law duty to ensure that gas installations and appliances supplied with their properties are safe.
Tenants also have certain legal obligations when it comes to gas safety – see below.
Landlord’s In the case of residential properties, Landlord’s (or their agents) have a statutory duty to arrange annual Gas Safety Checks by a Gas Safe Registered Engineer.
A copy of the Gas Safety Certificate must be given to the tenant on entry and within 28 days of the annual check. A copy must also be retained by the landlord for 2 years.
With commercial properties, the lease should determine who has responsibility for gas safety: tenant or landlord. If you as landlord (or agent) have supplied the equipment and taken on the service responsibility you should arrange for annual maintenance and a Gas Safe Registered Engineer check.
About 30 people die every year in the UK through poorly installed or badly maintained gas appliances and flues resulting in deadly carbon monoxide poisoning.
Residential landlords or their agents are responsible for the safety of tenants and the Gas Safety (Installation and Use) Regulations 1998 enforced by the Health & Safety Executive (HSE). They deal with the duties of landlords to ensure that gas installations, appliances, fittings and flues provided for tenants are safe.
Severe penalties for non-compliance can be imposed and deaths could result in manslaughter charges for landlords and agents. Non-compliance is a criminal offence and courts can impose unlimited fines and custodial sentences. This may also invalidate your property insurance and could subsequently lead to claims for civil damages – awards in these cases have proved to be very high indeed.
There are no specific statutory requirements with commercial properties for an annual safety check, apart from the common law duty on the landlord to ensure that gas installations and appliances provided with properties are safe.
The lease or a separate contractual agreement should determine whether tenant, agent or landlord is responsible for maintenance, including gas appliances. If you as landlord (or agent) have taken on responsibility for maintenance then an annual safety check and the issuing of a Gas Safe safety certificate is appropriate and advisable.
Where the landlord supplies premises with gas appliances already installed, or where he controls multi-occupation business premises (offices, shops etc) through service charges, then annual maintenance and safety checks should be carried out.
What is a Gas Safe registered engineer? A Gas Safe registered engineer has been checked to make sure they are competent and qualified to work safely and legally with gas. You can use our database of engineers to find a Gas Safe registered business in your area or call 0800 408 5500.
You can find or check a Gas Safe registered engineer 24 hours a day, 7 days a week. Every engineer will carry a Gas Safe Register ID card with their own unique licence number, showing the type of gas work they are qualified to do. Before any gas work is carried out, always make sure you ask to see their Gas Safe Register ID card.
* Gas Safe – 0800 408 5500
* Gas Consumers Council – 0645 060708
* HSE Gas Advice Line – 0800 300363
* Transco Gas Emergency line – 0800 111999
* HSE Publications 01787 881165
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