Landlord Gas Safety Certificate and Boiler Service
As a landlord, it is your responsibility to make sure that all gas appliances as well as chimneys and flues are regularly inspected. The law also requires you provide a copy of the check to your tenants.
If the engineer deems any appliance or installation as being immediately dangerous they will ask permission to shut off the gas supply and suggest that inspection hatches are installed.
What is the definition of a Gas Safety Certificate?
A landlord's gas safety certificate is an official document that proves that all gas appliances and flues within the property that is rented have been checked by an accredited gas engineer. Landlords are legally required conduct a gas safety inspection annually for each rental property they own. Gas Safe registered engineers carry the inspection and verify that all pipes, appliances and flues comply with safety standards.
Landlords are also legally required to give their tenants copies of the CP12 Gas Safety Certificate (Gas Safety Record) after each annual gas safety inspection and test. The certificate should be provided to tenants within 28 days of the Gas Safety Inspection and to new tenants at the start of their tenure.
CP12 is the abbreviation of the CORGI Proforma 12 that was employed by CORGI before it was replaced in 2009 by the Gas Safe Register. The form lists the date of the last gas inspection and test as well as the results of these tests, any issues or actions that need to be addressed, as well as the name of the person who performed the test.
If the Gas Safety check highlights any problems with a gas appliance and the engineer will give advice on what needs to be done to make it safe for use. If an appliance is deemed to be Immediately Dangerous or Abnormally Lethal the gas supply must be turned off until the problem has been resolved.
It is illegal to a tenant who refuses to let the gas safety inspection to be carried out. A landlord can apply to the courts for an injunction order in the event of need, but it is usually much easier to simply send a strongly written letter stating why it is essential that the checks are carried out and what they will involve. This will convince a tenant who is reluctant to let access in, and if not, the landlord may be required to begin the process of eviction.
How often should I receive a Gas Safety Certificate?
In the law, landlords and let agents are required by law to conduct an annual gas safety inspection of the chimneys and gas appliances that they provide to their tenants. This is to ensure that the appliances are safe to use and that there are no gas leaks in the building. Gas inspections are a vital responsibility for landlords, and they must ensure they are carried out by a qualified engineer.
The Gas Safety Certificate, formerly known as the Gas Safety Check Record, is a legal document that indicates that an engineer completed a gas inspection within the last 12 months. It is issued by the landlord, and should be provided to the tenant to verify the security of the gas supply. It is valid for a period of 12 months and has to be renewed each year.
If a landlord is unable to provide their tenants with the Gas Safety Certificate then they are breaking the law and could be punished by the local authority. Gas Safety checks must be carried out by landlords on time. They should also keep a copy of the certificate in case tenants ask for it.
Installing inspection hatches in all gas appliances is a good idea because it lets engineers gain access to the appliances to conduct annual inspections. If the appliance is deemed to be 'at risk' during an inspection, the engineer will formally classify it as such and will shut off the boiler and suggest that the tenant not use it until the inspection hatch is installed.
Landlords should also make sure that they give tenants a minimum of 24 hours notice prior to the time they visit the property to carry out Gas Safety checks. This gives tenants time to prepare and ask permission if they need. If a tenant refuses the engineer's entry the landlord must explain why this is necessary and what would happen should the tenant refuse. If the tenant is still refusing then the landlord should look into evicting them pursuant to section 21 of the Housing Act 1988.
What is the consequence if you don't possess a Gas Safety Certificate?
It is the legal responsibility of a landlord to ensure that their property has an official gas safety certificate that is valid prior to the time tenants move in. Failing to do so is an offense that could lead to landlords being charged and liable to heavy fines. The regulations also state that landlords must give an original copy of their gas safety report to their tenants upon request.
Gas Safe registered engineers must visit the rental home of the landlord to conduct an inspection of all gas appliances. During the inspection, a Gas Safe registered engineer will be able to identify any issues that could be a threat to tenants. The engineer will then issue an CP12 Gas Safety Document, also referred to as a Landlord Gas Safety Record (or a Gas Safety Certificate).
This is a very important document that every tenant must keep. It contains information about the gas installations of a rented property and also details on when they were last checked and the expiry dates. It will help tenants recognize any issues with their appliances or installations and make sure that they are aware of how to reach a Gas Safe engineer to have them tested.
Landlords are required to provide their current and new tenants with a gas safety report within 28 days of the engineer visiting their property. The landlord must also give the copy of CP12 at the beginning of the lease. Landlords who fail to provide a copy of the gas safety certificate can be prosecuted in accordance with the regulations and face unlimited fines or six months imprisonment.
In the same way landlords must make sure that carbon monoxide detectors work in their properties and make arrangements for them to be checked every month. The landlord is responsible for repairing the problem if the alarm does not work. This is the case for councils, private landlords, and housing associations, and also licensable houses of Multiple Occupation.
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 certificate. The ruling was by reference to the law which states that landlords with assured shorthold leases must have a gas safety record for their property prior to when tenants move in.
How do I get a Gas Safety Certificate?
Landlords are legally accountable to ensure that gas appliances, flues, and pipework within the properties they lease are safe. This is covered under the Gas Safety (Installation and Use) Regulations 1998. To be in compliance with the regulations, landlords are required to conduct annual gas inspections on all gas appliances and flues that they supply for use in the property. This is referred to as a CP12 gas safety certificate. It must be signed by a qualified Gas Safe registered engineer after each inspection.
It's also a good idea for landlords to look into having a boiler service carried out simultaneously with the CP12 inspection, as this will help ensure that all gas appliances are functioning in a safe and efficient manner. Landlords can usually get a combined CP12 and boiler service at a reasonable price from a professional gas engineer. They will be able to examine the seals on boiler burners. They will also inspect the flue system for leaks and cracks as well as clean the heat exchanger and burner and carry out general maintenance.
The CP12 document is often known as the 'landlord's gas safety certificate' however, it is officially referred to as the Gas Safety Record documentation. It lists the results of all safety checks and the details of any actions or problems that require attention. Landlords are required to give their tenants a CP12 document not later than 28 days after the Gas Safety Check is completed.
Full Statement is crucial that landlords and letting agents only permit Gas Safe registered engineers access to the property to conduct safety inspections and maintenance. It is a good idea to inform tenants about 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 is the landlord's or letting agent's responsibility to explain the legal responsibilities in writing, and follow with a visit to the property to force entry if needed.
Gas Safe ID cards should be requested by tenants before entering the property. This will prove that the engineer is qualified to work on your home's systems and therefore be trusted to carry out the safety check. It is also important to keep in mind that the gas engineer is legally permitted to cut off any defective equipment and cut off your gas supply if necessary.