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Gas Safety Certificate For Landlords
It is important to keep in mind that it is only landlords who have responsibility for gas safety checks. This is true for landlords who own residential properties as well as those who rent rooms or holiday accommodation.
Landlords must demonstrate that the pipes as well as the flues, appliances and appliances within their properties are safe before they put them on the market. Gas safety certificates can assist in achieving this.
What is a gas safety certificate?
If you're a tenant or homeowner, you need to comply with the law in regards to maintaining your gas appliances and installations in good operating condition. Every property owner must obtain their gas safety certificates at least once a calendar year. What is a gas certificate? Who really needs one?
A Gas Safe Certificate, also called a Landlord Gas Safety Record, is a legal document issued by a qualified Gas Safe engineer after carrying an extensive inspection of all the gas appliances and flues in your rental home. The engineer will also ensure that the vents in your properties are clear to avoid the risk of carbon monoxide accumulating in your home.
The Gas Safe Certificate will provide you with the results of your annual inspection. It will list all of the gas appliances and installations, including their make, model, and location in your property. The engineer will determine whether the appliances are safe to use and provide details on any work needed to ensure your tenants' safety.
When you receive your Landlord Gas Safety Certificate, you'll need to give it to your tenants who are currently residing in your home within 28 days of receiving the service and give it to any new tenants at the beginning of their tenancy. In the event of a delay, it could result in fines or criminal prosecution, so it's important to consider your responsibilities seriously.
Although homeowners don't need an Gas Safety Certificate, it's nevertheless a good idea to obtain one annually. This will not only put your mind at rest about the state of your heating and gas appliances, but can also help you detect any issues in advance. This could save you money and time in the long-term.
If you're considering selling your house and are thinking of selling it, the Gas Safety Certificate will prove very beneficial to potential buyers as it will demonstrate that you've taken care of your gas appliances and installations. Additionally, it will expedite the process of conveyancing because it won't require additional inspections.
Who requires what is a gas safety certificate of gas safety?
As a landlord, it's your responsibility to make sure that all gas appliances and flues in your rental property are safe for your tenants. You'll need to schedule regular inspections by an Gas Safe registered technician to make sure that everything is operating properly.
You'll need to provide your tenants a copy of the Gas Safety Certificate once the inspection has been completed. It is recommended that this be completed prior to when your new tenants move in, or at the start of any new tenancies. It is also recommended to keep a copy of the certificate for yourself, as well as any records of the maintenance that was carried out on your property's gas appliances.
Landlords are required to have their properties inspected for gas safety at least every 12 months. This includes all properties with gas appliances that are owned by the landlord, as well as any appliances that are available to tenants.
If you are a landlord with a valid gas certificate safety, you could be subject to heavy fines (upto PS6,000) or legal action from your tenants or even criminal charges. The greatest risk is that a tenant may be injured or even killed due to defective appliances in your rental property.
Only Gas Safe engineers are qualified to conduct a Gas Safety check. This is because only they are trained to safely inspect gas appliances and installations. Landlords can determine whether 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 to let access to the rental property to perform a Gas Safety Check. However, it does happen. In these instances, it is important that the landlord informs the tenant the reason why this is a legal requirement and how hazardous carbon monoxide could be if not detected in time.
If the tenant is refusing to allow an engineer into the property, then the landlord may be tempted to issue a Section 21 notice that ends their lease. This should be accompanied with an explanation of the reason they're being evicted. For example rent arrears, non-payment or severe damage to the property.
How do I obtain a gas safety certificate?
Landlords need gas safety certificates to ensure their rental properties comply with the laws of the government. However, some tenants might refuse to allow gas engineers into their homes for this reason which can be frustrating and unfair to landlords. Landlords should make sure to communicate to their tenants that gas technicians are not agents of the state and require access only to complete an essential legally required piece of documentation. This will decrease the number of tenants who are unable to access gas inspections.
Once the gas engineer has completed the necessary checks and is sure that all appliances are safe to use, they will issue a Landlord Gas Safety Record document. This document is also known as a CP12 which is a reference to CORGI Proforma 12 CORGI used to be the Council for Registered Gas Installers, but was replaced in April 2009 by the Gas Safe Register.
The landlord must provide their existing tenants with a copy the document within 28 days (about four weeks) of the check being completed. The landlord must also provide the new tenant one upon signing the tenancy agreement. The landlord must also ensure that a carbon monoxide detector is equipped in each room used for living space that has fixed combustion appliances (excluding gas cookers) and that smoke alarms are installed to every storey of the property. Landlords can find more information on these requirements, including free brochures and an Approved Code of Practice for the management of gas Installations and Appliances in the Rental Property (Appendix 3), on the HSE website.
If a landlord is unable to gain access to the property to perform the necessary gas safety inspections, they can make use of the section 21 notice to expel tenants. It is important to note that a section 21 notice can only be served when the landlord has attempted at least three times to gain entry for the gas safety check and has maintained records of the attempts. If a landlord does not follow the proper procedure for entry and tries to expel tenants using unlawful means, they could be found guilty of harassment and face hefty fines from regulators.
Why do I require a gas safety certificate?
Landlords need to have a certificate of gas safety to ensure that the home they lease is safe for tenants. Gas engineers must perform regular checks to ensure that all appliances are safe for use. This also means that they must make sure the gas pipework, appliances and flues are in good working order.
This can help prevent accidents or fires that could be caused by defective appliances, in addition to aiding in reducing the risk of carbon monoxide poisoning which can occur if an appliance isn't properly maintained or installed. It is essential that landlords stay up-to-date with their Gas Safety certificates, as they can be fined for failing to do so.
Landlords must demonstrate that their annual gas safety test has been carried out in a timely manner. You can verify your Gas Safe Register online or get a copy from the engineer who visited the property. The landlord must fix any appliances that are dangerous or defective immediately to ensure tenant's safety.
Some landlords may have difficulty persuading tenants to allow them access to the property for gas safety inspections. It may be because they feel that it would violate their privacy, or are fighting with their landlord. If this is the case, it is a good idea for the landlord to send an extremely clear letter explaining the reason why the gas safety inspections are required and what they will entail. This letter can be sent via recorded delivery and should give the tenant 14 days to respond.
If the tenant does not allow access to the landlord, they should take further action. This might include writing a Section 21 notice or applying to the court for an injunction to compel them to allow access. This is a very serious option that should only be taken as an option last resort.
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