Are you risking a large fine, or even going to jail?
A gas safety certificate can expire in between tenancies, as
long as a new one is carried out before the start of a new tenancy, and a copy
of that certificate is provided to the tenant.
Failure to carry out these checks and ensure they are safe
for the tenant to use can result in a custodial sentence, or a substantial
fine.
Landlord Fined £17,500
This was recently highlighted by a case where a landlord was
fined £17,500 for failing to
maintain gas appliances at a domestic property in Haverfordwest.
An investigation by the Health and Safety Executive found
the landlord failed to obtain a Landlord Gas Safety Record over a period of
time.
He continued to do so despite several letters and
improvement enforcement action by HSE and it was later found Gous Ahmed only
obtained a LGSR once being cautioned and invited for interview.
Ahmed, of Haverfordwest pleaded guilty to breaching
Regulation 36 (1) of the Gas Safety (Installation and Use) Regulations 1998,
and has been fined £15,290 and ordered to pay costs of £2,500.
Speaking after the hearing, HSE inspector Simon Breen said:
“Mr Ahmed put the residents and other members of the public at risk of harm by
failing to maintain gas appliances in the domestic property. Landlords and duty
holders must ensure they obtain a Landlord Gas Safety Record and they maintain
all gas appliances in accordance with the law.”
A recent survey also showed that one in five part-time
landlords (people whose rental properties are not their main source of income)
have either failed to have a gas safety check carried out on their property in
the last year, or have used a contractor who is not Gas Safe-registered.
British Gas says all landlords, including those who provide
short-term lets, have a legal responsibility to carry out an annual gas safety
check of their property. They are required to use a Gas Safe-registered
engineer, and for the check to be recorded in detail on a Landlord Gas Safety
Certificate.
Carbon Monoxide
Detector
Currently, the law only requires that you fit a carbon
monoxide detector in a room where there is a solid fuel appliance such as a
wood burning stove or open fireplace for example, however, Martin & Co
strongly recommends that one is fitted in any room where there is a gas
appliance as well.
Service Contracts
Something else to be careful with is using a service
contract to carry out your annual boiler service and Gas Safety certificate. If
you have a contract with British Gas for example, to service your boiler, and
they carry out a Landlords Gas Safety Certificate at the same time, please make
sure that your service agreement includes ALL
the gas appliances that you have in the property. For example, a gas hob, a gas
fire or other appliances. This is because if it only covers your boiler and you
do have other gas appliances in the property, when they carry out your Gas
Safety certificate, they will only include the appliances named in the
contract. E.g. Just the boiler in this case.
This could result in you as a landlord, having an invalid
Gas Safety certificate (because it does not include the other appliances), and
therefore in danger of be prosecuted.
As your agent, if we are managing your property for you, we
carry the same responsibility for Gas Safety as the landlord, and we will
therefore ensure you comply with the law. However, if you manage your property
yourself, please ensure you fully comply with these requirements.
You can find out more
by going to:
The British Gas website here
Or the full legal requirements for landlords under The Gas Safety (Installation and Use) Regulations 1998 (Specifically, Part F, Regulation 36).
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